Decastro (Duane) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DUANE DECASTRO, No. 84256 Appellant, vs. FILED THE STATE OF NEVADA, Respondent. MAR 0 2022 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY ORDER DISMISSING APPEAL DEPU rY CLERK

This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (only the State may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). Accordingly, this court ORDERS this appeal DISMISSED.

, J. Silver

, J. Cadish SUPREME COURT OF NEVADA

101 1947A ADD 02?- OLoq39

cc: Hon. James Todd Russell, District Judge Duane Decastro Attorney General/Carson City Carson City District Attorney Carson City Clerk Justin K. Champagne

SUPREME COURT OF NEVADA

(0) 1447A 4241#0