Public-domain · open source
OpenJurist

481 P.3d 1259

Brown (Mykel) Vs. State

Nevada Supreme Court

Decided March 17, 2021

Nevada Supreme Court · decided 2021-03-17

Relies on Lozada v. State

Decided 2021-03-17

                               IN THE SUPREME COURT OF THE STATE OF NEVADA


                    MYKEL TYREL BROWN,                                        No. 82433
                                    Appellant,
                                        VS.
                                                                                       FILE'
                    THE STATE OF NEVADA,                                               MAR 1     2021
                                     Respondent.
                                                                                     ELIZABET, A. VFir.PIN
                                                                                  CLE           REME COU T

                                          ORDER DISMISSING APPEAL                BY.    DEPUTY CLERK


                                  This is a pro se "notice of appeal on defendant Mykel Brown
                    writ of habeas corpus and modification of sentence." This court's further
                    review of this appeal reveals a jurisdictional defect. Specifically, it does not
                    appear that either a postconviction petition for a writ of habeas corpus or a
                    motion to modify sentence was recently filed or denied in district court case
                    number C-16-311822-1, the designated case number in this appeal. To the
                    extent that appellant's appeal is in regard to the order denying a motion to
                    modify and/or correct an illegal sentence entered on October 21, 2020, the
                    notice of appeal was untimely filed. "[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.'



                                              Parraguirre


                         MA_5(0;AJ)
                                                 J.                                              J.
                    Stiglich                                    Silver


                          'Given this order, this court takes no action on appellant's motion for
SUPREME COURT
     OF
                    an appointment of counsel.
   NEVADA

40) 1947A   elet.
cc:   Chief Judge, Eighth Judicial District Court
      Eighth Judicial District Court, Departrnent 21
      Mykel Tyrel Brown
      Attorney General/Carson City
      Clark County District Attorney
      Eighth District Court Clerk

/481/p3d/1259 · .json · Public domain