Montalvo v. State

Attorney General/Carson City

Clark County District Attorney

ORDER DISMISSING APPEAL AND REMANDING

This is an appeal from a judgment of conviction, pursuant to a jury verdict, of battery constituting domestic violence, coercion, and preventing or dissuading a witness from testifying or producing evidence. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Appellant has moved to dismiss and remand this appeal. See Vest v. State, 120 Nev. 669, 98 P.3d 996 (2004). Appellant informs this court that the district court has granted his motion for a new trial and, because the State has not yet appealed from the order granting the motion for a new trial, this appeal has been rendered moot. Appellant states that the motion to dismiss is conditioned on the State not having filed a notice of appeal from the order granting the motion for a new trial. The State responds that it has not and does not intend to appeal from the order granting a motion for a new trial. The State therefore agrees that this appeal should be dismissed as moot. See id. We grant the motions and we,

ORDER this appeal DISMISSED and REMAND this appeal to the district court for further proceedings.

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