From Casetext: Smarter Legal Research

Zana v. State

Supreme Court of Nevada
Dec 27, 2023
539 P.3d 1199 (Nev. 2023)

Opinion

No. 87749

12-27-2023

Mark R. ZANA, Appellant, v. The STATE of Nevada, Respondent.


ORDER DISMISSING APPEAL

This court's review of this appeal reveals jurisdictional defects. Specifically, the district court filed its order denying the motion to correct illegal sentence on October 17, 2023. Appellant did not file the notice of appeal, however, until December 11, 2023, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b) ; Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Additionally, no statute or court rule permits an appeal from a district court order denying a motion for rehearing. See Phelps v. State, 111 Nev. 1021, 900 P.2d 344 (1995) (an order denying a motion for rehearing in a criminal matter is not an appealable order); Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (explaining that this court has jurisdiction only when statute or court rule provides for appeal). Accordingly, this court

ORDERS this appeal DISMISSED.


Summaries of

Zana v. State

Supreme Court of Nevada
Dec 27, 2023
539 P.3d 1199 (Nev. 2023)
Case details for

Zana v. State

Case Details

Full title:MARK R. ZANA, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Supreme Court of Nevada

Date published: Dec 27, 2023

Citations

539 P.3d 1199 (Nev. 2023)