CRUISE v. STATE (2020)

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from district court orders denying a presentence motion to dismiss counsel and appoint alternate counsel and denying a presentence motion to withdraw a guilty plea. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.

This court's review of this appeal reveals jurisdictional defects. First, no statute or court rule provides for an appeal from an order denying a presentence motion to dismiss counsel and appoint alternate counsel. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Second, an order denying a presentence motion to withdraw a guilty plea is not a final appealable order; the decision may be challenged on appeal from the judgment of conviction. NRS 177.015(3); NRS 177.045; Hargrove v. State, 100 Nev. 498, 686 P.2d 222 (1984). Accordingly, this court

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   Given this order, no action will be taken on the pro se motion filed on July 22, 2020.