Allen (Derrick) v. State ( 2022 )


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  •                        IN THE SUPREME COURT OF THE STATE OF NEVADA
    DERRICK BRYAN ALLEN,                                       No. 85033
    Appellant,
    vs.
    THE STATE OF NEVADA,
    FILE
    Respondent.
    ORDER DISMISSING APPEAL
    This is an appeal from a judgment of conviction.          Eighth
    Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.
    This court's review of this appeal revealed a potential
    jurisdictional defect. The judgment of conviction was entered on May 25,
    2022. However, the notice of appeal was not filed until July 12, 2022, well
    after the expiration of the 30-day appeal period prescribed by NRAP 4(b).
    Accordingly, on July 20, 2022, this court directed appellant's counsel to
    show cause why this appeal should not be dismissed for lack of jurisdiction.
    In response to this court's show-cause order, appellant's counsel
    concedes that this appeal was untimely filed. Because an untimely notice of
    appeal fails to vest jurisdiction in this court, see Lozada v. State, 
    110 Nev. 349
    , 352, 
    871 P.2d 944
    , 946 (1994), this court lacks jurisdiction over this
    appeal and
    ORDERS this appeal DISMISSED.
    , J.
    Hardesty
    J.                       (74Th.
    SUPREME COURT   Stiglich                                   Herndon
    OF
    NEVADA
    I947A
    7_2 - wird'
    cc:   Hon. Jacqueline M. Bluth, District Judge
    Clark County Public Defender
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    9
    4(1.) 1447A
    

Document Info

Docket Number: 85033

Filed Date: 8/4/2022

Precedential Status: Precedential

Modified Date: 8/5/2022