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Sharkey v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2020
No. 80122-COA (Nev. App. Sep. 11, 2020)

Opinion

No. 80122-COA No. 80123-COA

09-11-2020

JAMES THEODORE SHARKEY, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEALS

James Theodore Sharkey appeals "from the order denying and/or dismissing the appeal ruled on the 23rd day of October, 2019," in district court case number C-19-341592-A (Docket No. 80122-COA) and district court case number C-19-343097-A (Docket No. 80123-COA). The cases were consolidated on appeal. See NRAP 3(b). Eighth Judicial District Court, Clark County; Richard Scotti, Judge.

Our review of these appeals reveals jurisdictional defects. First, the minutes from October 23, 2019, reflect that the district court made no rulings that day in either case. Sharkey has thus failed to designate appealable orders.

Second, Sharkey clarifies in his addendum to his informal brief on appeal that the justice court denied his motions to withdraw his guilty plea, the district court denied his appeals of those decisions, and he is now seeking appeal of the district court's decisions. Because the district court has final appellate jurisdiction over cases arising in the justice court, Nev. Const. art. 6, § 6; Waugh v. Casazza, 85 Nev. 520, 521, 458 P.2d 359, 360 (1969), we lack jurisdiction to consider these appeals.

For the foregoing reasons, we

ORDER these appeals DISMISSED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Richard Scotti, District Judge

James Theodore Sharkey

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Sharkey v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 11, 2020
No. 80122-COA (Nev. App. Sep. 11, 2020)
Case details for

Sharkey v. State

Case Details

Full title:JAMES THEODORE SHARKEY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 11, 2020

Citations

No. 80122-COA (Nev. App. Sep. 11, 2020)