Public-domain · open source
OpenJurist

473 P.3d 1049

Bernal (Daniel) Vs. State

Nevada Supreme Court

Decided October 22, 2020

Nevada Supreme Court · decided 2020-10-22

Relies on Lozada v. State

Decided 2020-10-22

       IN THE SUPREME COURT OF THE STATE OF NEVADA


DANIEL RAYMOND BERNAL,                                   No. 81921
                  Appellant,
                                                                 '
              vs.
THE STATE OF NEVADA,
                  Respondent.




                      ORDER DISMISSING APPEAL

            This is a pro se appeal from a judgrnent of conviction. Second
Judicial District Court, Washoe County; Scott N. Freeman, Judge.
            This court's preliminary review of this appeal reveals a
jurisdictional defect. Specifically, the district court entered the judgment of
conviction on August 5, 2020. Appellant did not file the notice of appeal,
however, until September 24, 2020, well beyond the expiration of the 30-
day appeal period prescribed by NRAP 4(b). "[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, this court concludes that it lacks
jurisdiction to consider this appeal, and
            ORDERS this appeal DISMISSED.




       AttZify;.-0          J.                                          J.
Stiglich
                      cc:   Hon. Scott N. Freeman, District Judge
                            Law Office of David R. Houston
                            Attorney General/Carson City
                            Washoe County District Attorney
                            Washoe District Court Clerk




SUPREME COURT
         OF
       NEVADA


(0)   1947A .41130.                                      2

/473/p3d/1049 · .json · Public domain