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Rasmussen v. State

SUPREME COURT OF THE STATE OF NEVADA
May 1, 2015
No. 67679 (Nev. May. 1, 2015)

Opinion

No. 67679

05-01-2015

IVY MARY RASMUSSEN, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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.

In light of this order, we will take no action on the motion submitted on April 10, 2015. The clerk of this court shall reject the motion received on April 10, 2015, and the addendum received on April 14, 2015.

/s/_________, J.

Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Stefany Miley, District Judge

Law Office of Kristina Wildeveld

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Rasmussen v. State

SUPREME COURT OF THE STATE OF NEVADA
May 1, 2015
No. 67679 (Nev. May. 1, 2015)
Case details for

Rasmussen v. State

Case Details

Full title:IVY MARY RASMUSSEN, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 1, 2015

Citations

No. 67679 (Nev. May. 1, 2015)