DILLARD v. STATE (2018)

Supreme Court of Nevada.

Edrick DILLARD, Appellant, v. The STATE of Nevada, Respondent.

No. 76377

Decided: July 27, 2018

Edrick Dillard Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is a pro se appeal “from the final judgement from the order of defendants pro-per NRS 176.09183.2 motion entered in this action on this 2nd day of July 2018.” Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, no postconviction petition requesting a genetic marker analysis pursuant to NRS 176.0918 was filed in the district court. To the extent that appellant appeals from the district court order denying a motion for reconsideration to retest DNA, no statute or court rule permits an appeal from such an order. Phelps v. State, 111 Nev. 1021, 1022-23, 900 P.2d 344, 344-45 (1995); Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we

ORDER this appeal DISMISSED.

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