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489 P.3d 515

Cruise (Robert) Vs. State

Nevada Supreme Court

Decided July 1, 2021

Nevada Supreme Court · decided 2021-07-01

Applies NV 34 § 34.726

Decided 2021-07-01

                             IN THE SUPREME COURT OF THE STATE OF NEVADA


                      ROBERT CRUISE,                                            No. 82408

                                   vs.
                                               Appellant,
                                                                                       FILED
                     THE STATE OF NEVADA,
                                       Respondent.                                     JUL 0 1 2021
                                                                                      ELIZABETH A. BROWN
                                                                                   CLERK OF SUPREME COURT
                                            ORDER DISMISSING APPEAL               ay   5 -Y
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                                 This is an appeal from a judgment of conviction. Eighth Judicial
                     District Court, Clark County; Tara D. Clark Newberry, Judge.
                                 Appellant's counsel has filed a motion to voluntarily withdraw this
                     appeal and a supplemental affidavit in support of the motion.] Counsel advises
                     this court she has informed appellant that once he withdraws this appeal, he
                     will be unable to pursue issues related to the direct appeal and that she advised
                     appellant regarding the constitutional rights he would be giving up by
                     withdrawing his appeal. Having been so informed, appellant elects to stop the
                     appellate process. Accordingly, cause appearing, we
                                 ORDER this appeal DISMISQED.2


                                                                         , J.
                                              Cadish


                     Pickering
                              Piek.             , J.
                                                                  Herndon
                                                                                                 •



                           'Counsel for appellant is advised that NRAP Form 8 provides the
                     preferred form of a notice or motion to withdraw a criminal appeal. See also
                     NRAP 3C(1) (requiring a notice of withdrawal of appeal in an appeal subject
                     to NRAP 3C to substantially comply with Form 8 in the Appendix of Forms).

                           2Because no remittitur will issue in this matter, see NRAP 42(b), the

                     one-year period for filing a post-conviction habeas corpus petition under
                     NRS 34.726(1) shall commence to run from the date of this order.
SUPREME COURT
       OF
    NEVADA

() I947A    afeY4.
                                                                                            „21-- (2937
                    cc:   Hon. Tara D. Clark Newberry, District Judge
                          Law Office of Betsy Allen
                          Robert Cruise
                          Attorney General/Carson City
                          Clark County District Attorney
                          Eighth District Court Clerk




SUPREME COURT
         OF
       NEVADA


(o)   1947A .410.

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