DECASTRO v. STATE (2022)

Supreme Court of Nevada.

Duane DECASTRO, Appellant, v. The STATE of Nevada, Respondent.

No. 84256

Decided: March 04, 2022

Duane Decastro Attorney General/Carson City Carson City District Attorney

ORDER DISMISSING APPEAL

This court's review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (only the State may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). Accordingly, this court

ORDERS this appeal DISMISSED.

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