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491 P.3d 736

Battle (Evine) Vs. State

Nevada Supreme Court

Decided July 30, 2021

Nevada Supreme Court · decided 2021-07-30

Relies on Lozada v. State

Decided 2021-07-30

                               IN THE SUPREME COURT OF THE STATE OF NEVADA


                     EVINE D. BATTLE,                                          No. 83223
                                               Appellant,
                                   vs.
                     THE STATE OF NEVADA,
                                       Respondent.
                                                                                 :   JUL 3 0 2021
                                                                                            A. 13ROWN


                                           ORDER DISMISSING APPEAL

                                  This is a pro se appeal from an amended judgment of conviction.
                    Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
                                  This court's review of this appeal reveals a jurisdictional defect.
                    The district court entered the amended judgment of conviction on May 17,
                    2021. Appellant did not file the notice of appeal, however, until July 13,
                    2021, well after the expiration of the 30-day jurisdictional appeal period
                    prescribed by NRAP 4(b). This court lacks jurisdiction to entertain an
                    unthnely appeal. Lozada v. State, 
110 Nev. 349, 352
, 
871 P.2d 944, 946
                    (1994). Accordingly, this court
                                  ORDERS this appeal DISMISSED.




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SUPREME COURT
       OF
    NEVADA


OM I V47A otalbia                                                                    11- 2-14 I-
                                                      ,.;;<.,; • •
                cc:   Hon. Mary Kay Holthus, District Judge
                      Evine D. Battle
                      Attorney General/Carson City
                      Clark County District Attorney
                      Eighth District Court Clerk




SUPREME COURT
        Of
     NEVADA


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