Opinion
No. 74414
02-02-2018
MARTIN OVIEDO SALDANA, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER DISMISSING APPEAL
This is an appeal from an order dishonorably discharging appellant from probation. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge.
Because no statute or court rule provides for an appeal from an order dishonorably discharging a probationer from probation, this court entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant and respondent have both responded to our order.
Appellant's motion to file an answer to respondent's reply to our order to show cause is granted. The clerk of this court shall detach appellant's answer to the reply from the motion filed January 24, 2018, and shall file it separately.
Appellant contends that, because no further action may be taken by the court after discharge from probation, it falls within the purview of a final judgment under NRS 177.015(3). Appellant also identifies potential adverse consequences that may derive from a dishonorable discharge. Respondent argues that any future consequences are hypothetical at this point and are non-specific. We disagree. NRS 177.015(3) permits a defendant only to appeal from a "final judgment or verdict;" the statute does not contemplate postconviction orders. Moreover, the available and appealable postconviction remedies are addressed in other statutory schemes, and those do not provide for an appeal from an order dishonorably discharging a probationer. As no statute or court rule provides for an appeal from a district court order dishonorably discharging a probationer, we
Dismissal for lack of statutory appellate jurisdiction does not preclude appellant from seeking extraordinary writ relief. --------
/s/_________, J.
Pickering
/s/_________, J.
Gibbons
/s/_________, J.
Hardesty cc: Hon. Scott N. Freeman, District Judge
Martin H. Wiener
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk