YUNIER TORRES v. THE STATE OF NEVADA (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying several motions regarding pre-sentence credits. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the appeal appears premature because claims remain pending below. See generally State v. Lewis, 124 Nev. 132, 136, 178 P.3d 146, 148 (2008) (explaining that, generally, a judgment must be final before vesting jurisdiction in this court); NRAP 4(b)(5)(B) (providing for entry of a judgment finally resolving postconviction matters). Appellant's claims challenging his conviction appear to be unresolved and remain pending after Judge Ballou dismissed the time computation portion of the motion and transferred the matter to Department 32 to consider the merits of the remaining challenges of the conviction. See NRS 177.015(3) (“The defendant only may appeal from a final judgment ․ in a criminal case.”). This matter thus is pending before Department 32 without a final appealable decision having been reached. Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Herndon, J.

Lee, J.

Bell, J.