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GEROLD ESPARZA CENTENO v. THE STATE OF NEVADA (2024)

Supreme Court of Nevada.2024-04-22No. No. 88425

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Opinion

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order purportedly denying a motion to withdraw plea. Eighth Judicial District Court, Clark County; Michelle Leavitt. Judge.

This courts review of this appeal reveals a jurisdictional defect. Specifically, it appears that the order challenged on appeal is not a final appealable determination. Appellants motion to withdraw plea appears to be unresolved and remains pending below because the challenged order does not grant or deny the motion, rather it provides appellant with additional time to file a petition for writ of habeas corpus. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). This matter thus appears to remain pending without a final judgment. Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.

Herndon, J.

Lee, J.

Bell, J.