IN THE SUPREME COURT OF THE STATE OF NEVADA
JAMES MICHAEL WHITE, No. 82477
vs.
Appellant, FR.
THE STATE OF NEVADA, MAR 1 7 2021
Respondent. EUZAEr .171-1 A. BROWN
OMR 'UPREME. CO w
JAMES MICHAEL WHITE, No. 82E
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
ORDER DISMISSING APPEALS
These are pro se appeals from judgments of conviction. Tenth
Judicial District Court, Churchill County; Thomas L. Stockard, Judge.
Preliminary review of these appeals revealed a potential
jurisdictional defect. The district court entered the judgments of conviction
on January 5, 2021. Thus, appellant's notices of appeal were due to be filed
in the district court by February 4, 2021. See NRAP 4(b)(1)(A) (providing
that a notice of appeal must generally "be filed with the district court clerk
within 30 days after the entry of the judgment or order being appealed").
However, the notices of appeal were not filed in the district court until
February 11, 2021, 7 days after expiration of the 30-day appeal period.
Appellant dated his notices of appeal January 25, 2021.
Pursuant to NRAP 4(d), if appellant delivered his notices of appeal to a
prison official for mailing on or before February 4, 2021, and utilized the
notice-of-appeal log or other system designed for legal mail, his notices of
appeal would be deemed timely filed. Because this court could not
determine from the documents before it whether the notices of appeal
should be deemed timely, this court ordered the attorney general to obtain
and transmit to the clerk of this court certified copies of the notice of appeal
log maintained at the prison indicating the actual date upon which
appellant delivered to a prison official his notices of appeal.
The attorney general has now provided this court with
responses, a copy of the notice-of-appeal log, and an affidavit from the law
library supervisor at Northern Nevada Correctional Center. These
documents indicate that appellant presented his notices of appeal for filing
and signed the notice-of-appeal log on February 5, 2021, after expiration of
the 30-day appeal period. Accordingly, appellant's notices of appeal were
untimely filed and this court lacks jurisdiction to consider these appeals.
See Lozada v. State,
(1994) ([A]n
untimely notice of appeal fails to vest jurisdiction in this court."). We
therefore
ORDER these appeals DISMISSED.
J.
Parraguirre
Al4GA,0 J.
Stiglich
J.
Silver
SUPREME COURT
OF
NEVADA
101 1947A 4.41P4 2
cc: Hon. Thomas L. Stockard, District Judge
James Michael White
Attorney General/Carson City
Churchill County District Attorney/Fallon
Churchill County Clerk
SUPREME COURT
OF
NEVADA
(01 1947A 41:01111.
