BRIAN YANN GEBLAY v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

Brian Yann Geblay appeals from a purported order of the district court denying a “motion to correct an illegal sentence.” Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

Our review of the record reveals several jurisdictional defects. First, a motion to correct an illegal sentence was never filed in Geblay's case. Thus, there is no order denying that motion to appeal from. See NRS 177.015(3) (“The defendant may only appeal from a final judgment or verdict in a criminal case.”).

Second, to the extent Geblay is attempting to appeal from the denial of his “motion to modify sentence and/or amend judgment of conviction to run sentences concurrent,” that motion was also never filed. Thus, there is no order denying that motion to appeal from.¹ See id.

Third, to the extent that Geblay is attempting to appeal from the denial of his motion for county jail time credits, no statute or court rule permits an appeal from an order denying a motion for county jail time credits. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Thus, we lack jurisdiction over this appeal, and we

ORDER this appeal DISMISSED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   Instead of filing the motion, the district court clerk forwarded the motion to his counsel.