Cardenas (Kenneth) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA KENNETH WILLIAM CARDENAS, No. 69888 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED MAY 1 1 2016 TRACE K. LINDEMAN CLERK OF SUPREME COURT DEPUTY CLERK ORDER DISMISSING APPEAL This is an appeal from a district court order denying a pretrial petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. Our initial review of this appeal revealed a jurisdictional defect. The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). No statute or court rule provides for an appeal from a district court order denying a pretrial petition for a writ of habeas corpus. Accordingly, on March 21, 2016, we directed appellant's counsel to show cause why this appeal should -not be dismissed for lack of jurisdiction. To date, appellant's counsel has not responded to the show- cause order. Nevertheless, having reviewed the documents filed with the SUPREME COURT OF NEVADA (0) I 947A 4,00 TVILL notice of appeal, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED. Douglas J. 9S-7 J. Cherry Ch Gibbons cc: Hon. Kimberly A. Wanker, District Judge The Law Firm of Nathan L. Gent, PLLC Kenneth William Cardenas Attorney General/Carson City Nye County District Attorney Nye County Clerk SUPREME COURT OF NEVADA (0) 1947A e 2 “,,‘Bitt5j i.hfrA0 'a