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480 P.3d 837

Brown (Mykel) Vs. State

Nevada Supreme Court

Decided February 18, 2021

Nevada Supreme Court · decided 2021-02-18

Relies on Lozada v. State

Decided 2021-02-18

                           IN THE SUPREME COURT OF THE STATE OF NEVADA


                    MYKEL TYREL BROWN,                                        No. 82406
                                      Appellant,
                                  vs.
                    THE STATE OF NEVADA,                                            FILED
                                      Respondent.
                                                                                     FEB 1 8 2021
                                                                                    ELIZABEM A. BROWN
                                                                                  CLERK gF SUMAC COW
                                                                                 BY S.\/
                                                                                       DEPUT
                                                                                           irdta.1"
                                          ORDER DISMISSING APPEAL

                                This is a pro se appeal from a district court order denying a
                    motion to modify and/or correct an illegal sentence.
                                 This court's review of this appeal reveals a jurisdictional defect.
                    Specifically, the district court entered the order denying a motion to modify
                    and/or correct an illegal sentence on October 21, 2020. Appellant did not
                    file the notice of appeal, however, until December 15, 2020, well after the
                    expiration of the 30-day appeal period prescribed by NRAP 4(b). "[Aln
                    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
                    lacks jurisdiction to consider this appeal, and
                                 ORDERS this appeal DISMISSED.




                                                                         ,J
                                             Cadish


                             P        wo         J.                                          J.
                    Pickering                                   Herndon



SUPREME COURT
      Of
   NEVADA


  1947A    4164m,
                                                                                          ,2)-CV-17 8
cc:   Chief Judge, Eighth Judicial District Court
      Eighth Judicial District. Court, Department 21
      Mykel Tyrel Brown
      Attorney General/Carson City
      Clark County District Attorney
      Eighth District Court Clerk

/480/p3d/837 · .json · Public domain