Opinion
No. 68195
03-16-2016
DEMETRIUS METMET BLACK, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER DISMISSING APPEAL
This is an appeal from a non-final judgment of conviction. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
Our review of this appeal reveals a jurisdictional defect. Specifically, the order is not a final, appealable order because it states "Jurisdiction RETAINED as to restitution" and therefore, it contemplates the district court will be imposing restitution in a yet to be determined amount. NRS 176.105(1)(c); Slaatte v. State, 129 Nev. ___, ___, 298 P.3d 1170, 1171 (2013); Whitehead v. State, 128 Nev. ___, 285 P.3d 1053 (2012). We are confident that, upon determining restitution, the district court will award restitution in certain terms and do so in an amended, final judgment of conviction, at which point appellant will need to file a new notice of appeal to challenge the judgment of conviction. But, as no final appealable judgment has been entered below at this point, we lack jurisdiction and we
ORDER this appeal DISMISSED.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Silver cc: Hon. Douglas W. Herndon, District Judge
Nguyen & Lay
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk