Opinion
No. 74157
12-22-2017
KENNETH WILLIAM CARDENAS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER DISMISSING APPEAL
This is an appeal "from the Order entered in the Supreme Court of the State of Nevada NRAP 40B. No. 70576 on July 25, 2017 and the Order issued Remittitur on August 21, 2017." Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.
Our review of this appeal reveals a jurisdictional defect. Specifically, no statute or court provides for an appeal from an order denying a petition for review or a remittitur. See NRAP 40B(f) ("The Supreme Court's decision to grant or deny a petition is final and is not subject to further requests for rehearing or reconsideration."); 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 lack jurisdiction to consider this appeal and we
ORDER this appeal DISMISSED.
/s/_________, J.
Douglas /s/_________, J.
Gibbons /s/_________, J.
Pickering cc: Hon. Robert W. Lane, District Judge
Kenneth William Cardenas
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk