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481 P.3d 1254

Cano (Steven) Vs. State

Nevada Supreme Court

Decided March 8, 2021

Nevada Supreme Court · decided 2021-03-08

Applies NV 34 § 34.575

Relies on Lozada v. State

Decided 2021-03-08

                                 IN THE SUPREME COURT OF THE STATE OF NEVADA


                        STEVEN EDWARD CANO,                                     No. 82462
                                          Appellant,
                                      vs.
                        THE STATE OF NEVADA,
                                                                                    FILED
                                          Respondent.                                MAR 0 8 2021
                                                                                            I
                                                                                    ELIZABET A ARC'WN
                                                                                 CM -4 OF S ' a*. COURT
                                                                                 By           "-
                                                                                       DEP CLERK



                                             ORDER DISMISSING APPEAL

                                    This is a pro se appeal frorn a district court order denying a
                       postconviction petition for a writ of habeas corpus. This court's review of
                       this appeal reveals a jurisdictional defect. Specifically, the district court
                       entered its order denying appellant's petition on October 29, 2020. The
                       district court served notice of entry of that order on appellant on November
                       2, 2020. Appellant did not file the notice of appeal, however, until February
                       6, 2021, well after the expiration of the 30-day appeal period prescribed by
                       NRS 34.575. "[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).
                       Accordingly, this court lacks jurisdiction to consider this appeal, and
                                    ORDERS this appeal DISMISSED.




                                               Cadish




                                                                  Hern
SUPREME COURT
     OF
   NEVADA

401 1947A   441104x.
                 cc:   Chief Judge, Eighth Judicial District Court
                       Eighth Judicial District Court, Department 15
                       Eighth Judicial District Court, Department 23
                       Steven Edward Canc.
                       Attorney General/Carson City
                       Clark County District Attorney
                       Eighth District Court Clerk




SUPREME COURT
     OF
   NEVADA

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