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479 P.3d 531

Brown (Edward) Vs. State

Nevada Supreme Court

Decided February 1, 2021

Nevada Supreme Court · decided 2021-02-01

Relies on Lozada v. State

Decided 2021-02-01

                               IN THE SUPREME COURT OF THE STATE OF NEVADA


                        EDWARD EVERETT BROWN,                                     No. 82366
                                          Appellant,
                                      vs.
                        THE STATE OF NEVADA,
                                          Respondent.
                                                                                      FILE        ,11



                                                                                      FEB 0 1 2021
                                                                                     EliZABETH A. BROWN
                                                                                   CLERK OF S MD.& COURT
                                                                                   BY-S
                                                                                         DEPUTY CLERK




                                              ORDER DISMISSING APPEAL

                                    This is a pro se appeal from a judgment of conviction. Eighth
                       Judicial District Court, Clark County; Michelle Leavitt, Judge.
                                    This court's review of this appeal reveals a jurisdictional defect.
                       Specifically, the district court entered the judgment of conviction on May
                       11, 2020. Appellant did not file the notice of appeal, however, until January
                       14, 2021, well after the expiration of the 30-day appeal period prescribed by
                       NRAP 4(b). 1 Lozada v. State, 
110 Nev. 349, 352
, 
871 P.2d 944, 946
 (1994)




                              lIt appears that appellant's notice of appeal may have been delivered
                       to a prison official for mailing on September 15, 2020. See NRAP 4(d)
                       (providing that when "an inmate confined in an institution files a notice of
                       appeal in either a civil or criminal case, the notice is timely if it is delivered
                       to a prison official for mailing on or before the last day for filing."). However,
                       even considering this September date, appellant's notice of appeal is still
                       significantly untimely.
SUPREME COURT
         OF
      NEVADA


(0) I 917A    .4.6t.
                        (explaining that an untimely appeal fails to vest jurisdiction in this court).
                        Accordingly, this court
                                    ORDERS this appeal DISMISSED.



                                                  Parraguirre


                                                   , J.
                        Stiglich                                    Silver




                        cc:   Hon. Michelle Leavitt, District Judge
                              Edward Everett Brown
                              Attorney General/Carson City
                              Clark County District Attorney
                              Eighth District Court Clerk




SUPREME COURT
        OF
     NEVADA


(0) 1997A    0142491,                                           2

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