Harris (Brandon) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
BRANDON KALE HARRIS, No. 69485
Appellant,
vs. FILED
THE STATE OF NEVADA,
Respondent. MAR 0 4 2016
TRACIE K. LINDEMAN
CLERK OF SUPREME COURT .
ORDER DISMISSING APPEAL BY
DEPUTY CLERK
This is a pro se appeal from a district court order denying a
motion to modify and/or correct illegal sentence and a motion to
vacate/reverse ruling of writ of habeas corpus and grant in full. Eighth
Judicial District Court, Clark County; Kerry Louise Earley, Judge.
Our review of this appeal reveals jurisdictional defects. The
notice of appeal from the order denying a motion to modify and/or correct
illegal sentence was untimely filed. NRAP 4(b); NRS 34.575(1); NRAP
26(a); NRAP 26(c). Because an untimely notice of appeal fails to vest
jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944,
946 (1994), we conclude that we lack jurisdiction to consider this portion of
this appeal. Further, no statute or court rule permits an appeal from an
order denying a motion to vacate/reverse ruling of writ of habeas corpus
and grant in full. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135
(1990). Accordingly, we
ORDER this appeal DISMISSED.
Hardesty
Saitta
SUPREME COURT
OF
NEVADA
(0) 1947A
He -0701c
cc: Hon. Kerry Louise Earley, District Judge
Brandon Kale Harris
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A e 2