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Bellows-Wabanimkee v. State

Supreme Court of Nevada.
Nov 29, 2017
406 P.3d 472 (Nev. 2017)

Opinion

No. 74211

11-29-2017

Antonio Carlos BELLOWS–WABANIMKEE, a/k/a Antonio Bellows, Appellant, v. The STATE of Nevada, Respondent.

Clark County Public Defender Attorney General/Carson City Clark County District Attorney


Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

ORDER DISMISSING APPEAL

This is an appeal from a district court order "denying [appellant's] briefing requesting reduction to gross misdemeanor." Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Our preliminary review of the appeal and the documents on file revealed a potential jurisdictional defect. Specifically, it appeared that no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Accordingly, we directed counsel for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant's counsel states that she "does not oppose the dismissal of the appeal for lack of jurisdiction." Because no statute or court rule provides for an appeal from a district court order "denying [appellant's] briefing requesting reduction to gross misdemeanor," we lack jurisdiction over this appeal and we,

ORDER this appeal DISMISSED.


Summaries of

Bellows-Wabanimkee v. State

Supreme Court of Nevada.
Nov 29, 2017
406 P.3d 472 (Nev. 2017)
Case details for

Bellows-Wabanimkee v. State

Case Details

Full title:Antonio Carlos BELLOWS–WABANIMKEE, a/k/a Antonio Bellows, Appellant, v…

Court:Supreme Court of Nevada.

Date published: Nov 29, 2017

Citations

406 P.3d 472 (Nev. 2017)