Hoyt (Daimon) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAIMON DEW HOYT,

vs. Appellant, NM:ED THE STATE OF NEVADA, AUG 1 0 2016 Respondent. TRACIE K. LINDEMAN CLER6.40FAUPREME COURT SY DEPUTY CLERK

DAIMON DEVI HOYT, No. 70557 Appellant, vs. THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEAL AND DENYING MOTION TO CONSOLIDATE

Docket No. 70556 is an appeal from a judgment of conviction. Docket No. 70557 is an appeal from a district court order denying a presentence motion to withdraw plea/reset sentencing. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. Appellant has filed a motion to consolidate these appeals. The State opposes the motion and requests that the appeal in Docket No. 70557 be dismissed for lack of jurisdiction. See NRAP 27(a)(3)(13). Appellant does not oppose the request to dismiss the appeal. No statute or court rule allows an appeal from an order denying a presentence motion to withdraw a guilty plea and reset sentencing. See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (the right to appeal is statutory; where no statute or court rule provides for an appeal; no right to appeal exists); State v. Lewis, 124 Nev. 132, 136, 178 P.3d 146, 148 (2008) (an order

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denying a presentence motion to withdraw a guilty plea is not generally appealable). Accordingly, we grant the motion and dismiss the appeal in Docket No. 70557. Appellant may challenge any interlocutory orders in the appeal from the final judgment. NRS 177.045. Given the dismissal of Docket No. 70557, the motion to consolidate these appeals is denied. It is so ORDERED.

Cherry

J. Gibboifs

cc: Hon. Kathleen E. Delaney, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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usrairm