Schulte (Jacob) v. State ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JACOB MATTHEW SCHULTE, No. 85055
Appellant,
vs.
THE STATE OF NEVADA,
FILED
Respondent. AUG 2 2 2022
ELIZABETH A. BROWN
CLERK OF SUPREME COURT
BY
DEPUTY CLEVe
ORDER DISMISSING APPEAL
This is an appeal from an amended judgment of conviction.
Eighth Judicial District Court, Clark County; Jasmin D. Lilly-Spells, Judge.
Initial review of the notice of appeal revealed a potential
jurisdictional defect. The order revoking probation and amended judgment
of conviction was entered on May 29, 2022. The notice of appeal was not
filed in the district court until July 15, 2022, well after expiration of the 30-
day appeal period prescribed by NRAP 4(b). Accordingly, this court ordered
appellant to show cause why this appeal should not be dismissed for lack of
jurisdiction.
In response, appellant concedes that the notice of appeal was
untimely filed. To the extent appellant suggests that a motion for
reconsideration tolled the time to file the notice of appeal, this contention
lacks merit. NRAP 4(b)(3) sets forth the tolling motions in criminal
appeals—a motion for reconsideration is not among those motions. See also
Phelps v. State, 111 Nev. 1021, 900 P.2d 344 (1995). This court lacks
SUPREME COURT
OF
NEVADA
(0) I q47A
jurisdiction over an untimely notice of appeal. Lozada v. State, 110 Nev.
349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court
ORDERS this appeal DISMISSED.
Hardesty
J.
Stiglich
Herndon
cc: Hon. Jasmin D. Lilly-Spells, District Judge
The Matian Firm, APC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
1.1PREME COURT
OF
NEVADA
(0) I 947A