Sharp (Mark) v. State ( 2022 )


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  •                            IN THE SUPREME COURT OF THE STATE OF NEVADA
    MARK LEONARD SHARP,                                         No. 84237
    Appellant,
    vs.
    THE STATE OF NEVADA,
    FILED
    Respondent.                                    APR 0 7 2022
    A. BROWN
    ORDER DISMISSING APPEAL                     DEPUTY CLEM
    This is a pro se appeal from a postconviction motion to
    withdraw a guilty plea. Sixth Judicial District Court, Humboldt County;
    Michael Montero, Judge.
    This court's review of this appeal reveals a jurisdictional defect.
    The notice of appeal was untimely filed. See NRAP 26(a); NRAP 26(c); see
    also Edwards v. State, 
    112 Nev. 704
    , 
    918 P.2d 321
     (1996). The district court
    entered its order denying the motion on January 10, 2022. However,
    appellant did not file the notice of appeal until February 11, 2022, two days
    beyond the relevant appeal period. See NRAP 4(b). Because an untimely
    notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 
    110 Nev. 349
    , 352, 
    871 P.2d 944
    , 946 (1994), this court lacks jurisdiction to
    consider this appeal, and
    ORDERS this appeal DISMISSED.
    , J.
    Hardesty
    A'Cutbau.-0          ,J                                             J.
    SUPREME COURT   Stiglich                                     Herndon
    OE
    NEVADA
    0q
    cc:   Hon. Michael Montero, District Judge
    Mark Leonard Sharp
    Attorney General/Carson City
    Humboldt County District Attorney
    Humboldt County Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) I947A
    

Document Info

Docket Number: 84237

Filed Date: 4/7/2022

Precedential Status: Precedential

Modified Date: 4/13/2022