Whatley, Jr. (Gerald) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA
GERALD LEE WHATLEY, JR., No. 85077
Appellant,
vs.
NEVADA,
FILED
THE STATE OF
Respondent. SEP 2 2 2022
ELIZABETH A. BROWN
CLERKSFAJPREME COURT
BY S •Y
ORDER DISMISSING APPEAL DEPUTY CLERK
This is an appeal from a judgment of conviction. Eighth
Judicial District Court, Clark County; Eric Johnson, Judge.
This court previously ordered appellant to show cause why this
appeal should not be dismissed for lack of jurisdiction. Specifically, it
appeared that the notice of appeal was untimely filed. In response,
appellant does not dispute that the notice of appeal was untimely filed.
Instead, counsel for appellant notes that she filed the transcript request
form within the time to file a notice of appeal. Relying on Lemmond v. State,
114 Nev. 219, 220, 954 P.2d 1179, 1179 (1998), and Forman v. Eagle Thrifty
Drugs & Markets, Inc., 89 Nev. 533, 536, 516 P.2d 1234, 1236 (1973),
overruled on other grounds by Garvin v. Ninth Judicial Dist. Court, 118
Nev. 749, 59 P.3d 1180 (2002), counsel asks that this court construe the
transcript request form as a deficient notice of appeal.
Pursuant to Lemmond and Forman, this court will not dismiss
an appeal due• to a technical defect in the notice of appeal if an intent to
appeal from a judgment can be reasonably inferred from the notice of appeal
SUPREME COURT
OF
NEVADA
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and the respondent is not misled. This court declines to infer an intent to
appeal from a transcript request form.'
"[A]n untimely notice of appeal fails to vest jurisdiction in this
court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994).
Accordingly, this court lacks jurisdiction and
ORDERS this appeal DISMISSED.
J.
Hardesty
C4-V , , J.
Al4
Stiglich Herndon
cc: Hon. Eric Johnson, District Judge
Leslie A. Park
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
lIt is noted that appellant has not provided this court with a copy of
the form.
SUPREME COURT
OF
NEVADA
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(0) 1947A