IN THE SUPREME COURT OF THE STATE OF NEVADA
BRIAN KERRY O'KEEFE, No. 85149
Appellant,
VS.
THE STATE OF NEVADA,
Respondent.
FILE
AUG 2 2 2022
ELIZABETH A. BROWN
CLERK O SIIPREME COURT
BY
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is a pro se notice of appeal from a purported district court
order denying a motion to vacate an illegal sentence. Eighth Judicial
District Court, Clark County; Jacqueline M. Bluth, Judge.
This court's review of this appeal reveals a jurisdictional defect.
Specifically, no decision, oral or written, had been made on the motion when
appellant filed his appeal on August 9, 2022. Rather, on July 19, 2022, the
district court continued the matter and directed the state to file a response
by September 13, 2022. Thus, the notice of appeal is premature. See NRS
177.015(3) (stating that a defendant only may appeal from a final judgment
or verdict). To the extent that appellant's appeal is in regard to the order
denying a "motion for relief from judgment or order pursuant to Rule 60 of
the Nevada Rules of Civil Procedure based on new and equitable rules of
law filed 10/2/2015," no statute or court rule provides for an appeal from
such an order in a criminal matter. See Castillo v. State, 106 Nev. 349, 352,
SUPREME COURT
OF
NEVADA
40) 1947A
01,?••,C21.51'
792 P.2d 1133, 1135 (1990) (explaining that court has jurisdiction only when
statute or court rule provides for appeal). Accordingly, this court
ORDERS this appeal DISMISSED.
,J
Hardesty
Ai4au.S1 ,
Stiglich Herndon
cc: Hon. Jacqueline M. Bluth, District Judge
Brian Kerry O'Keefe
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OP
NEVADA
40) 1947A