Nolan (Charles) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA CHARLES NOLAN, No. 85574 Appellant, vs. FIL THE STATE OF NEVADA, NOV 1 ti 2022 Respondent. EL1ZAB - A. f..37.7..VNN CLE OF $ ENE COURT ORDER DISMISSING APPEAL By U CLERK This is a pro se notice of appeal from a district court order granting in part and denying in part a motion for credit for time served. Because no statute or court rule permits an appeal from such an order, this court lacks jurisdiction to consider this appeal.1 See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that court has jurisdiction only when statute or court rule provides for appeal). Accordingly, this court ORDERS this appeal DISMISSED.2 J. Cadish Pieiku Sr.J. Pickering cc: Hon. James Todd Russell, District Judge Charles Nolan Attorney General/Carson City Carson City District Attorney Carson City Clerk Footnotes [1] A claim for additional presentence credit is a challenge to the validity of the judgment of conviction and sentence and therefore must be raised in a postconviction petition for a writ of habeas corpus. See Griffin v. State, [122] Nev. 737, 744, 137 P.3d 1165, 1169 (2006). This court expresses no opinion as to whether appellant could meet the procedural requirements of NRS Chapter 34. 2The Honorable Mark Gibbons, Senior Justice, participated in the SUPREME COURT OF decision of this matter under a general order of assignment. NEVADA 01) I947A SUPREME COURT OF NEVADA 2 101 1947A