Opinion
No. 61845
12-13-2013
IN THE MATTER OF: ROBERT A., A MINOR, ROBERT A., Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a juvenile court order deeming appellant an adult sex offender for purposes of registration and community notification under the 2005 versions of NRS 62F.250 and NRS Chapter 179D. Eighth Judicial District Court, Family Court Division, Clark County; William O. Voy, Judge.
Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
The State contends that appellant's counsel lacks standing to appeal the juvenile court's order. The State alleges that counsel filed the notice of appeal "without the consent or direction of the Appellant." Appellant's counsel asserts that the State's argument is based on an assumption and appellant could have discussed an appeal with his prior counsel.
The decision to file an appeal rests solely with the defendant. Florida u. Nixon, 543 U.S. 175, 187 (2004); Abdullah v. State, 129 Nev. ___, ___, 294 P.3d 419, 420 (2013). Thus, an attorney must consult with and obtain a defendant's consent before filing a notice of appeal. See Nixon, 543 U.S. at 187. Here, appellant was not present at the March 2012 hearing to determine whether he would be deemed an adult sex offender and the record indicates that appellant's counsel had not had any contact with him since at least September 15, 2010. Further, appellant's counsel acknowledges that she has not had contact with appellant. Because appellant's counsel does not state that she has had any contact with appellant and the record indicates that she has not had any contact with him for more than three years, it appears that appellant's counsel filed this appeal without appellant's consent. Accordingly, we conclude that appellant's counsel lacked authority to file this appeal, see, e.g., In re Alma B., 26 Cal. Rptr. 2d 592, 595 (Ct. App, 1994); State v. Aumann, 265 N.W.2d 316, 318 (Iowa 1978); State v. Lyon, 584 P. 2d 345 (Or. Ct. App. 1978), and we
ORDER this appeal DISMISSED.
_________________, C.J.
Pickering
_________________, J.
Hardesty
_________________, J.
Cherry
cc: Hon. William O. Voy, District Judge, Family Court Division
Clark County Public Defender
Clark County District Attorney/Juvenile Division
Attorney General/Carson City
Eighth District Court Clerk