Public-domain · open source
OpenJurist

475 P.3d 61

Collman (Thomas) Vs. State

Nevada Supreme Court

Decided November 9, 2020

Nevada Supreme Court · decided 2020-11-09

Relies on Lozada v. State

Decided 2020-11-09

          IN THE SUPREME COURT OF THE STATE OF NEVADA


THOMAS J. COLLMAN,                                       No. 81996
                  Appellant,
              vs.                                              FILED
THE STATE OF NEVADA,
                  Respondent.
                                                               NOV 0 9 2020
                                                                      A. BROWN
                                                                      REME COURT

                                                                DEPUTY CLERK
                      ORDER DISMISSING APPEAL

             This is a pro se appeal from "the judgment of conviction by state
post-conviction proceedings." Seventh Judicial District Court, White Pine
County; J. Charles Thompson, Judge.
             This court's review of this appeal reveals jurisdictional defects.
First, appellant's appeal was untimely filed from the judgment of
conviction. "[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).
Second, appellant has already appealed the notice of entry of amended
judgment of conviction and sentence in Docket No. 77522. A second
duplicate appeal may not proceed. Lastly, the documents before this court
indicate that a postconviction petition has not been filed in district court
case number CR-9606033, the case number designated in this notice of
appeal. Accordingly, this court
             ORDERS this appeal DISMISSED.




                                                                        , J.
Hardesty                                    Cadish

                                                              zo 40?-88
                   cc:   Chief Judge, The Seventh Judicial District Court
                         Hon. J. Charles Thompson, Senior Judge
                         Thomas J. Collnian
                         Attorney General/Carson City
                         White Pine County District Attorney
                         White Pine County Clerk




SUPREME COURT
        OF
     NEVADA


(Of I947A    4E*                                       2

/475/p3d/61 · .json · Public domain