IN THE SUPREME COURT OF THE STATE OF NEVADA
FRANK JAMES BERWICK, No. 69765
Appellant,
vs.
THE STATE OF NEVADA,
Respondent. FILE
MAR 30 2016
TRACIE K LI - NDEt
8CLERK C.)F;,UPREME'C'OIRT
r
DEPUTY CLEfj
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a request
for an honorable discharge from probation. Eighth Judicial District Court,
Clark County; Valerie Adair, Judge.
Our preliminary review of this appeal revealed a jurisdictional
defect. Specifically, it appeared that no statute or court rule provides for
an appeal from the aforementioned order. See Castillo v. State, 106 Nev.
349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or
court rule provides for an appeal, no right to appeal exists). Therefore, on
March 1, 2016, we ordered appellant's counsel to show cause why this
appeal should not be dismissed for lack of jurisdiction. In response to the
show-cause order, appellant's counsel concedes that no statute or court
rule provides for the order being challenged on appeal. Because no statute
or court rule provides for an appeal from a district court order denying a
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request for an honorable discharge from probation, we lack jurisdiction to
consider this appeal, and we
ORDER this appeal DISMISSED.
Hardesty
Saitta Pickering
cc: Hon. Valerie Adair, District Judge
Clark County Public Defender
Frank James Berwick
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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