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476 P.3d 441

Fletcher (Terrell) Vs. State

Nevada Supreme Court

Decided November 24, 2020

Nevada Supreme Court · decided 2020-11-24

Cited by 2 later decisions — most recently April 2024

2 state decisions

Relies on Lozada v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2020-11-24

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                         IN THE SUPREME COURT OF THE STATE OF NEVADA


                  TERRELL JAMES FLETCHER,                                 No. 81851
                                    Appellant,
                                vs.
                  THE STATE OF NEVADA,
                                    Respondent.
                                                                              FILED
                                                                              NOV 2t 2020
                                                                             EU7.117 ti   13R0`1,474
                                                                           CLEP F              COURT

                                                                                DEPUTY CLERK




                                            ORDER DISMISSING APPEAL
                              This is an appeal from a judgment of conviction. Second
                  Judicial District Court, Washoe County; David A. Hardy, Judge.
                              On October 16, 2020, this court issued an order directing
                  appellant to show cause why this appeal should not be dismissed for lack of
                  jurisdiction. Specifically, it appeared that the notice of appeal was untimely
                  filed. Appellant's counsel has filed a response to the order to show cause
                  wherein he indicates that he miscalendared the date for filing the notice of
                  appeal.1 The judgment of conviction was entered on August 24, 2020.
                  However, the notice of appeal was not filed until September 24, 2020, one
                  day after the expiration of the 30-day appeal period prescribed by NRAP
                  4(b). The notice of appeal is untimely, and this court lacks jurisdiction to
                  consider this appeal. See Lozada v. State, 
110 Nev. 349, 352
, 
871 P.2d 944
,




                        'Appellanes motion to late-file the response to the order to show cause
                  and the docketing statement is granted. The response and docketing
                  statement were filed on November 19, 2020.
SUPREME COURT
      oç
    NEVADA


(0) 1947A OSEP.                                                                  -Lo
                                    •r.:'
                                                    •
                 946 (1994) ("[A]n untimely notice of appeal fails to vest jurisdiction in this
                 court."). Accordingly, this court
                             ORDERS this appeal DISMISSED.




                        ,41 4sa,--0          J.                                         J.
                 Stiglich                                   Silver




                 cc:   Hon. David A. Hardy, District Judge
                       David Kalo Neidert
                       Attorney General/Carson City
                       Washoe County District Attorney
                       Attorney General/Ely
                       Washoe District Court Clerk




 SUPREME COURT
      OF
    NEVADA


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/476/p3d/441 · .json · Public domain