STONE v. STATE (2022)

ORDER DISMISSING APPEAL

Our review of this appeal reveals a jurisdictional defect. The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). No statute or court rule provides for an appeal from a motion to vacate a judgment of conviction. The grounds for relief asserted in the motion had to be raised in a postconviction petition for a writ of habeas corpus.¹ NRS 34.724(2)(a), (b) (providing that except for a direct appeal from the judgment of conviction or a motion that is incident to the proceedings in the district court, a habeas corpus petition is the exclusive remedy to challenge the validity of a conviction or sentence); Harris v. State, 130 Nev. 435, 438-39, 329 P.3d 619, 622 (2014) (discussing the exclusive-remedy provision and exceptions to it). Accordingly, we

ORDER this appeal DISMISSED.

FOOTNOTES

1.   We express no opinion whether appellant can satisfy the procedural requirements of NRS Chapter 34.