IN THE SUPREME COURT OF THE STATE OF NEVADA
ANTHONY MCGEE, No. 82186
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
FILED
FEB 18 2021
ELIZABETH A. BROWN
CLERK OF SUPREME COURT
BY
ORDER DISMISSING APPEAL
This is an appeal from a judgment of conviction and a district
court order for revocation of probation and amended judgment of conviction.
Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Initial review of the notice of appeal revealed a potential
jurisdictional defect. The judgment of conviction was entered on December
19, 2019, and the order revoking probation and amended judgment of
conviction was entered on October 27, 2020. The notice of appeal was not
filed in the district court until December 2, 2020, well after expiration of the
30-day appeal period prescribed by NRAP 4(b) for the judgment of
conviction, and 2 days after expiration of the 30-day appeal period for the
order revoking probation and amended judgment of conviction.
Accordingly, this court ordered appellant to show cause why this appeal
should not be dismissed for lack of jurisdiction.
In response, appellant concedes that the notice of appeal was
untimely filed but notes that there is a pending motion for reconsideration
of revocation of probation in the district court. Appellant has also filed a
motion to dismiss this appeal without prejudice. He asserts that the district
court will not hear argument on the pending motion for reconsideration
because of this appeal. Appellant requests that this appeal be dismissed
without prejudice so that appellant may reinstate this appeal if the district
court does not alter the probation revocation.
This court lacks jurisdiction over an untimely notice of appeal.1
Lozada v. State,
(1994). Accordingly,
this appeal is dismissed. The motion to dismiss this appeal without
prejudice is denied. Appellant may file a new notice of appeal if the district
court enters a new appealable order. To the extent appellant asks that this
appeal be treated as an appeal under NRAP 4(c), the request is denied.
It is so ORDERED.
, J.
Cadish
Pickering Herndon
cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 23
Legal Resource Group
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
1To the extent appellant suggests that the motion for reconsideration
tolled the time to file the notice of appeal, this contention lacks merit.
NRAP 4(b)(3) sets forth the tolling motions in criminal appeals—a rnotion
for reconsideration is not among those motions.
SUPREME COURT
OF
NEVADA
(0) 1947A 4460 2
