Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.
The opinion of the court was delivered by: Crothers, Justice.
[¶1] Stephen Paul Adams appeals from the district court's order entered after Adams' conditional plea of guilty for the charges of possession of marijuana with intent to deliver or manufacture and possession of drug paraphernalia. Adams argues the district court improperly denied his motion to suppress evidence found in a locked safe in his bedroom. We dismiss the appeal after concluding we do not have jurisdiction.
[¶2] Adams lived in a Fargo apartment with a person who was on probation. Law enforcement officers conducted a probation search of the apartment. The search resulted in Adams being charged with possession of marijuana with intent to distribute or manufacture and possession of drug paraphernalia.
[¶3] Adams moved to suppress some of the evidence seized during the search, alleging the search violated his Fourth Amendment right to be free from illegal search and seizures. The district court issued a written order denying Adams' motion to suppress. Adams entered a conditional plea of guilty. The district court issued an order accepting the conditional pleas and stated, "Sentencing is hereby continued pending the Defendant's appeal to the North Dakota Supreme Court of the adverse ruling of the Court  in it's Findings of Fact, Conclusions of Law, and Order on Motion to Suppress and Decision therein dated January 27, 2009." Adams was not sentenced, and no judgment of conviction has been entered. Adams appealed from the March 9, 2009 order of Conditional Plea.
[¶4] "The right of appeal is governed solely by statute, and if there is no statutory basis for an appeal we must take notice of the lack of jurisdiction and dismiss the appeal." City of Grand Forks v. Riemers, 2008 ND 153 ¶ 5, 755 N.W.2d 99 (citing State v. Grager, 2006 ND 102, ¶ 4, 713 N.W.2d 531 and In re A.B., 2005 ND 216, ¶ 5, 707 N.W.2d 75). This Court has explained:
"The North Dakota Legislature has determined exactly what is and is not appealable. Sections 29-28-03 and 29-28-06 of the North Dakota Century Code provide as follows:
"29-28-03. Appeals are matter of right.-An appeal to the supreme court provided for in this chapter may be taken as a matter of right.
"29-28-06. From what defendant may appeal.-An appeal may be taken by the defendant from:
2. A final judgment of conviction;
3. An order refusing a motion in arrest ...