Colvin (David) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID COLVIN, No. 69361
Appellant,
vs. FILED
THE STATE OF NEVADA,
Respondent. JAN 2 8 2016
TRACE K. LINDEMAN
CLERK OF SUPREME COURT
BY
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is an appeal from an order denying a presentence motion
to withdraw guilty plea. Eighth Judicial District Court, Clark County;
Richard Scotti, Judge.
After the initial review of this appeal revealed a potential
jurisdictional defect, we directed appellant's counsel to show cause why
this appeal should not be dismissed for lack of jurisdiction. Appellant's
counsel has filed a response to our order, but has failed to demonstrate
cause to allow this appeal to continue. An order denying a presentence
motion to withdraw a guilty plea is not an appealable order; the decision
may be challenged on appeal from the judgment of conviction. See
Hargrove v. State, 100 Nev. 498, 686 P.2d 222 (1984). Accordingly, we
ORDER this appeal DISMISSED.
A Cc■t s•et..4;
Hardesty
(j216 J. Atleu J.
Saitta Pickering
SUPREME COURT
OF
NEVADA
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cc: Hon. Richard Scotti, District Judge
Alan J. Butte11 & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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