KEVIN CALEB HEIER v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

Kevin Caleb-Heier appeals from a district court order denying a motion for county jail time filed on December 17, 2024. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.

Because no statute or court rule permits an appeal from an order denying a motion for county jail time, we lack jurisdiction. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990); see also Griffin v. State, 122 Nev. 737, 746, 137 P.3d 1165, 1170-71 (2006) (holding “a claim for presentence credit is a challenge to the validity of the judgment of conviction and sentence” and “may be raised on direct appeal or in a post-conviction petition for a writ of habeas corpus in compliance with the procedural requirements of NRS chapter 34”).¹ Accordingly, we

ORDER this appeal DISMISSED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   We express no opinion as to whether Caleb-Heier could meet the procedural requirements of NRS Chapter 34.