Public-domain · open source
OpenJurist

429 P.3d 1254

Javier v. Baca

Nevada Supreme Court

Decided November 16, 2018

Nevada Supreme Court · decided 2018-11-16

Applies NV 34 § 34.575

Relies on Lozada v. State

Decided 2018-11-16

¶1ORDER DISMISSING APPEAL

¶2This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.

¶3This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 31, 2018. The district court served notice of entry of that order on appellant on September 5, 2018. Appellant did not file the notice of appeal, however, until October 24, 2018, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court," Lozada v. State , 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

¶4ORDER this appeal DISMISSED.

/429/p3d/1254 · .json · Public domain