LITTLE v. STATE (2021)

ORDER DISMISSING APPEAL

In his informal brief, Little contends the district court erred by denying the claims raised in his “motion to restructure or vacate illegal gun enhancement,” which was filed on June 3, 2021. Preliminarily, we note the notice of appeal was filed in district court case number A-21-835161-W on July 15, 2021. However, the record before this court shows that no action was taken in that case on or around June 24, 2021, and the motion was not filed in that case. Instead, the record demonstrates that Little filed his motion in district court case number 05C215052-5, and the district court conducted a hearing on that motion and orally denied it on June 24, 2021. Accordingly, it appears that the notice of appeal was improperly filed in case number A-21-835161-W instead of case number 05C215052-5. Therefore, we direct the clerk of the district court to file Little's July 15, 2021, notice of appeal in case number 05C215052-5.

To the extent Little intended to appeal a June 24, 2021, decision in case number A-21-835161-W, no such decision appears in the record on appeal, and Little failed to designate an appealable order. We thus lack jurisdiction over such an appeal. To the extent Little intended to appeal the June 24, 2021, decision in case number 05C215052-5, no statute or court rule permits an appeal from an order denying a motion to restructure or vacate illegal gun enhancement, and we lack jurisdiction over such an appeal. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we

ORDER this appeal DISMISSED.