Miller (Dustin) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DUSTIN MILLER, A/K/A DUSTON No. 75544 MILLER,

vs. Appellant, FILED THE STATE OF NEVADA, AY 2. 1 2018 ar:- ';' t4 Respondent. FBRO

ORDER DISMISSING APPEAL oErgzir This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County Kathleen E. Delaney, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the order is not a final, appealable order because it states "Restitution payable jointly and severally . . . once determined, Court retains jurisdiction regarding restitution" and therefore, it contemplates the district court will be imposing restitution in a yet to be determined amount. NRS 176.105(1)(c); Slaatte v. Slate, 129 Nev. 219, 298 P.3d. 1170 (2013); Whitehead v. State, 128 Nev. 259, 285 P.3d 1053 (2012). We are confident that, upon determining restitution, the district court will award restitution in certain terms and do so in an amended judgment of conviction, at which point appellant will need to file a new notice of appeal to challenge the judgment of conviction. But, as no final appealable judgment has been entered below at this point, we lack jurisdiction and we ORDER this appeal DISMISSED.

Hardesty SUPREME COURT OF NEVADA

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cc: Hon. Kathleen E. Delaney, District judge Dustin Miller Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A