Cepero (Billy) v. State ( 2022 )


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  •                        IN THE SUPREME COURT OF THE STATE OF NEVADA
    BILLY CEPERO,                                              No. 85652
    Appellant,
    vs.
    THE STATE OF NEVADA,
    HLE             '
    Respondent.                                      DEC 0 2 2021
    ELIZAB   A. BROWN
    CI.       OF UPREME COURT
    ORDER DISMISSING APPEAL                             CLERK
    This is a pro se appeal from an order of the district court
    denying a "motion to request the inclusion of the presentence time spent in
    custody to be reflected on an amended judgment of conviction."
    This court's review of this appeal reveals a jurisdictional defect.
    Specifically, the district court entered its order denying appellant's motion
    on October 31, 2019. Appellant did not file the notices of appeal, however,
    until November 8, 2022, well after the expiration of the 30-day appeal
    period prescribed by NRAP 4(b). See 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.1
    e:3N.             , J.
    Cadish
    , J.                                              , Sr.J.
    'The Honorable Mark Gibbons, Senior Justice, participated in the
    decision of this matter under a general order of assignment.
    SUPREME COURT
    OF
    NEVADA
    ), 1.147A
    7 z- vt-ci (18
    cc:   Chief Judge, Eighth Judicial District Court
    Eighth Judicial District Court, Department 3
    Billy Cepero
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    

Document Info

Docket Number: 85652

Filed Date: 12/2/2022

Precedential Status: Precedential

Modified Date: 12/5/2022