Opinion
No. 67678
05-01-2015
ROBERT CRAIG BALLEW, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 non-final judgment of conviction. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Our review of this appeal reveals a jurisdictional defect. Specifically, it appears that the order is not a final, appealable order because it did not include the amount and terms of the restitution in the judgment of conviction. NRS 176.105(1)(c); Slaatte v. State, 129 Nev. Adv. Op. No. 23, 298 P.3d 1170, 1171 (2013); Whitehead v. State, 128 Nev. Adv. Op. No. 24, 285 P.3d 1053 (2012). We are confident that, upon determining restitution, the district court will award restitution in certain terms and do so in an amended, final judgment of conviction, at which point appellant will need to file a new notice of appeal to challenge the judgment of conviction. But, as no final appealable judgment has been entered below at this point, we lack jurisdiction and we
ORDER this appeal DISMISSED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Stefany Miley, District Judg
Dayvid J. Figler
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk