ROMERO MANZO v. STATE (2020)

ORDER DISMISSING APPEAL

This is a pro se appeal from “the Findings of Fact, Conclusions of Law and Order denying/dismissing Petition for Writ of Habeas Corpus.” Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge; Janet Berry, Judge.

This court’s review of this appeal reveals jurisdictional defects. Specifically, no decision had been made on the petition when appellant filed his notices of appeal on March 3, 2020, and March 4, 2020. Thus, the notices of appeal are premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). To the extent that appellant’s appeal is in regard to the judgment of conviction entered on December 15, 2016, the notices of appeal are untimely filed. Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). To the extent that appellant’s appeal is in regard to the “Order (1) to Supplement Motion for Withdrawal of Attorney; and (2) Vacating November 8, 2019 Evidentiary Hearing,” no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Accordingly, this court

ORDERS this appeal DISMISSED.