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Weber v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 26, 2018
No. 72734 (Nev. Jul. 26, 2018)

Opinion

No. 72734

07-26-2018

TIMMY JOHN WEBER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is an appeal from an amended judgment of conviction. Eighth Judicial District Court, Clark County; Smith, Judge. Upon review of the documents and briefs submitted in this matter, we conclude that appellant was not aggrieved by the amendment to his judgment of conviction as contemplated by NRS 177.015 (providing that the party aggrieved in a criminal action may appeal in certain circumstances). Appellant's argument to the contrary is unavailing as it is focused not on the amendment to the judgment of conviction but instead on the district court's refusal to grant him additional relief that he requested in a postconviction proceeding. That decision, which would be separately appealable under NRS 34.575(1), is not designated in the notice of appeal. Accordingly, we cannot consider it in this appeal. See Abdullah v. State, 129 Nev. 86, 90-91, 294 P.3d 419, 421-22 (2013) (discussing "general rule that an appealable judgment or order that is not designated in the notice cannot be considered on appeal"). Because appellant is not aggrieved by the amended judgment of conviction, we

ORDER this appeal DISMISSED.

/s/_________, C.J.

Douglas

/s/_________, J.

Cherry

/s/_________, J.

Gibbons

/s/_________, J.

Pickering

/s/_________, J.

Hardesty

/s/_________, J.

Parraguirre

/s/_________, J.

Stiglich cc: Hon. Douglas Smith, District Judge

Federal Public Defender/Las Vegas

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Weber v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 26, 2018
No. 72734 (Nev. Jul. 26, 2018)
Case details for

Weber v. State

Case Details

Full title:TIMMY JOHN WEBER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 26, 2018

Citations

No. 72734 (Nev. Jul. 26, 2018)