Creighton (Laura) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
LAURA ANN CREIGHTON, No. 69268
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
LAURA ANN CREIGHTON,
Appellant,
No. 69271/
FILED
vs.
THE STATE OF NEVADA, FEB 1 2 2016
Respondent. ft
ORDER DISMISSING APPEALS i tir DEVUTY CLE Rt
These are appeals from district court orders denying a mo
to reconsider sentencing. Fifth Judicial District Court, Nye County;
Robert W. Lane, Judge.
Because our initial review of these appeals revealed a
jurisdictional defect, we directed appellant's counsel to show cause why
these appeals should not be dismissed for lack of jurisdiction. Specifically,
it appeared that the orders appealed from were not substantively
appealable. See Phelps v. State, 111 Nev. 1021, 1022, 900 P.2d 344, 345
(1995) (no statue or court rule provides for an appeal from an order
denying a motion for reconsideration); Castillo v. State, 106 Nev. 349, 352,
792 P.2d 1133, 1135 (1990) (right to appeal is statutory; where no statute
or court rule provides for an appeal, no right to appeal exists). Appellant's
counsel has filed a response' to the order to show cause, and respondent's
counsel has filed a reply.
'On January 26, 2016, this court entered an order in Docket No.
69268 granting appellant's motion for an extension of time to file the
continued on next page . . .
SUPREME COURT
OF
NEVADA
(01 1947A
1Cp - (3-1 LeCcO
ani
In his response, appellant's counsel states that he mistakenly
filed the notices of appeal from the orders denying the motion for
reconsideration, when he meant to file the notices of appeal from the
judgments of conviction. Judgments of conviction in the underlying
matters were entered on October 7, 2015. Appellant's notices of appeal
were not filed until November 19, 2015, well after the time allowed for
filing the notices of appeal in NRAP 4(b). Thus, either way, we lack
jurisdiction to consider these appeals. See Phelps, 111 Nev. at 1022, 900
P.2d at 345; Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994)
(an untimely notice of appeal fails to vest jurisdiction in this court); NRAP
26(b)(1)(A). Accordingly, we
ORDER these appet7SMISSE
J.
Douglas
. . . continued
response to the order to show cause. Appellant's response was due to be
filed by February 2, 2016. To date, appellant has failed to file the
response. However, the response to the order to show cause filed in
Docket No. 69271 indicates that the response was intended for "Supreme
Court Case No.: 69269 & 69271." Thus, it appears that appellant's counsel
made a clerical error, and we will construe the response filed in Docket
No. 69271 as also intended to respond to the order to show cause filed in
Docket No. 69268.
SUPREME COURT
OF
NEVADA
(01 1)47A ATTD). 2
cc: Hon. Robert W. Lane, District Judge
Mueller Hinds & Associates
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk
SUPREME COURT
OF
NEVADA
(01 1942A .° 3