IN THE SUPREME COURT OF THE STATE OF NEVADA
RANDY MERWIN STONE, No. 83222
Appellant,
vs.
THE STATE OF NEVADA,
FILED
Respondent. JAN 1 4 2022
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a
motion to vacate a judgment of conviction. Eighth Judicial District Court,
Clark County; Michael Villani, Judge.
Our review of this appeal reveals 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 motion to vacate a judgment of conviction. The grounds for relief asserted
in the motion had to be raised in a postconviction petition for a writ of
habeas corpus. NRS 34.724(2)(a), (b) (providing that except for a direct
appeal from the judgment of conviction or a motion that is incident to the
proceedings in the district court, a habeas corpus petition is the exclusive
remedy to challenge the validity of a conviction or sentence); Harris v. State,
1We express no opinion whether appellant can satisfy the procedural
requirements of NRS Chapter 34.
SUPREME COURT
OF
NEVADA
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130 Nev. 435, 438-39, 329 P.3d 619, 622 (2014) (discussing the exclusive-
remedy provision and exceptions to it). Accordingly, we
ORDER this appeal DISMISSED.
C.J.
Parraguirre
i AtiLk c-ez,it,t-,.. J.
Hardesty
Poe..
7
J.
Pickering
cc: Hon Michael Villani, District Judge
Randy Merwin Stone
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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