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482 P.3d 1219

Harris (David) Vs. State

Nevada Supreme Court

Decided March 31, 2021

Nevada Supreme Court · decided 2021-03-31

Applies NV 34 § 34.575

Relies on Lozada v. State

Decided 2021-03-31

           IN THE SUPREME COURT OF THE STATE OF NEVADA


 DAVID JOHN HARRIS,                                      No. 82601
                   Appellant,
               vs.
 THE STATE OF NEVADA,                                         FILED
                   Res s ondent.
                                                              MAR 3 1 2021
                                                             ELIZABETH A. BROWN
                                                           CLERK OF SUPREME COURT
                                                          By    C •‘-it
                                                                DEPLHY CLERK  r
                       ORDER DISMISSING APPEAL

              This is a pro se appeal from a dismissal of petition and amended
petition to issue a writ of habeas corpus. Ninth Judicial District Court,
Douglas County; Nathan Tod Young, Judge.
              A review of this appeal reveals a jurisdictional defect.
Specifically, the district court entered its order denying appellant's petition
on January 4, 2021. The district court served notice of entry of that order
on appellant on January 5, 2021. Appellant did not file the notice of appeal,
however, until March 3, 2021, well after the expiration of the 30-day appeal
period prescribed by NRS 34.575. "[Ain 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, we conclude that we lack jurisdiction to
consider this appeal, and we
              ORDER this appeal DISMISSED.



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                                                                              61,1. 0/A
                    cc:   Hon. Nathan Tod Young, District Judge
                          David John Harris
                          Attorney General/Carson City
                          Douglas County District Attorney/Minden
                          Douglas County Clerk




SUPREME COURT
      OF
    NEVADA


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/482/p3d/1219 · .json · Public domain