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Johnson v. State

SUPREME COURT OF THE STATE OF NEVADA
Aug 18, 2017
No. 73330 (Nev. Aug. 18, 2017)

Opinion

No. 73330

08-18-2017

RANDY ROYAL JOHNSON, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting or denying a motion for house arrest.

Our review of this appeal reveals jurisdictional defects. Specifically, no statute or court rule provides for an appeal from an order granting or denying a motion for house arrest. 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). Further, review of the district court minutes and docket entries indicate that no such order was entered. To the extent that appellant appeals from the judgment entered on December 13, 2005, the judgment on count III entered on January 24, 2006, and the judgment of conviction entered on January 24, 2006, the notice of appeal was untimely filed. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we

ORDER this appeal DISMISSED.

/s/_________, J.

Gibbons /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Chief Judge, The Second Judicial District Court

Hon. Steven Elliott, Senior Judge

Hon. Elliot A. Sattler, District Judge

Randy Royal Johnson

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Johnson v. State

SUPREME COURT OF THE STATE OF NEVADA
Aug 18, 2017
No. 73330 (Nev. Aug. 18, 2017)
Case details for

Johnson v. State

Case Details

Full title:RANDY ROYAL JOHNSON, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Aug 18, 2017

Citations

No. 73330 (Nev. Aug. 18, 2017)