Sylvia v. State

Full title: KEITH SYLVIA, Appellant, v. THE STATE OF NEVADA, Respondent.

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 28, 2016

No. 70057 (Nev. App. Dec. 28, 2016)

Opinion

No. 70057

12-28-2016

KEITH SYLVIA, Appellant, v. THE STATE OF NEVADA, Respondent.

Gibbons

ORDER DISMISSING APPEAL

Appellant Keith Sylvia appeals from a district court order denying his "Motion for Amended Judgment of Conviction to Include Prison Time Credit." Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Because no statute or court rule permits an appeal from an order denying such a motion, we lack jurisdiction. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we

ORDER this appeal DISMISSED.¹

1 We note that a challenge to the computation of time served must be raised in a postconviction petition filed in the county in which the petitioner is incarcerated. NRS 34.724(1), (2)(c); NRS 34.738(1). --------

/s/_________, C.J.

Gibbons /s/_________, J.
Tao /s/_________, J.
Silver cc: Hon. Kathleen E. Delaney, District Judge

Keith D. Sylvia

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk