Opinion
No. 57935.
07-13-2011
Demarian A. CLEMONS, Appellant, v. The STATE of Nevada, Respondent.
Demarian A. Clemons Attorney General/Carson City Clark County District Attorney
Demarian A. Clemons
Attorney General/Carson City
Clark County District Attorney
ORDER DISMISSING APPEAL
This is a proper person appeal from a decision to deny a motion to correct sentence without prejudice. Eighth Judicial District Court, Clark County; Valorie Vega, Judge.
The district court denied a motion to correct without prejudice in a written order entered on April 4, 2011. It appears that the district court believed it did not have jurisdiction while the appeal in Clemons v. State, Docket No. 57301 was pending in this court.
No appeal lies from a decision to deny a motion to correct without prejudice as this is not a final decision on the motion, and therefore, this court lacks jurisdiction over this appeal. NRS 177.015(3). However, we note that the district court erroneously concluded it had no jurisdiction over the motion as a motion to correct is a separate proceeding from a post-conviction petition for a writ of habeas corpus. We are confident that the district court will resolve all pending matters as expeditiously as its calendar permits. Accordingly, we
ORDER this appeal DISMISSED.