Banning (David) v. State ( 2022 )


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  • IN THE SUPREME COURT OF THE STATE OF NEVADA
    DAVID MICHAEL BANNING, No. 85036
    Appellant,
    VS. fi
    THE STATE OF NEVADA, L E D
    Respondent.
    AUG 08 2022
    DERUTY CLERK
    ORDER DISMISSING APPEAL
    This is a pro se notice of appeal from a district court order
    denying a motion for amendment to the judgment of conviction. This court's
    review of this appeal reveals a jurisdictional defect. Specifically, the district
    court entered the order denying the motion on May 27, 2022. Appellant did
    not file the notice of appeal, however, until July 13, 2022, well after the
    expiration of the 30-day appeal period prescribed by NRAP 4(b). Lozada v.
    State, 
    110 Nev. 349
    , 352, 
    871 P.2d 944
    , 946 (1994) (explaining that an
    untimely notice of appeal fails to vest jurisdiction in this court).
    Accordingly, this court
    ORDERS this appeal DISMISSED.
    SLs J.
    Silver
    Cadish Pickering
    Supreme Court
    OF
    NEVADA
    0 sale 2474
    cc: Chief Judge, Eighth Judicial District Court
    Eighth Judicial District Court, Department 1
    David Michael Banning
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME Court
    OF
    NEVADA
    (0) OM7A ahi ie 2
    

Document Info

Docket Number: 85036

Filed Date: 8/8/2022

Precedential Status: Precedential

Modified Date: 8/9/2022