RICHARD CELANO v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order dismissing a motion for reconsideration and a presentence petition for a writ of habeas corpus. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, appellant may not appeal from an order dismissing a motion for reconsideration or an order dismissing a presentence petition for a writ of habeas corpus.¹ NRS 34.724(1) (stating that a person convicted of a crime and under sentence of death or imprisonment may file a postconviction petition for a writ of habeas corpus); State v. Lewis, 124 Nev. 132, 178 P.3d 146 (2008) (stating that an order entered before judgment of conviction is intermediate and not generally a final, appealable determination); Phelps v. State, 111 Nev. 1021, 1022–23, 900 P.2d 344, 344–45 (1995) (an order denying a motion for rehearing or reconsideration is not an appealable order). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

Cadish, J.

Pickering, J.

Bell, J.

FOOTNOTES

1.   Appellant filed the petition prior to being sentenced in district court case number CR2207368.