Braaten v. State, 443 P.3d 1123 (2019)

July 9, 2019 · Supreme Court of Nevada · No. 78952
443 P.3d 1123

Dale Lynn BRAATEN, Appellant,
v.
The STATE of Nevada, Respondent.

No. 78952

Supreme Court of Nevada.

FILED JULY 9, 2019

Dale Lynn Braaten

Attorney General/Carson City

Lyon County District Attorney

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court "order denying motion to amend judgement of conviction." Third Judicial District Court, Lyon County; Leon Aberasturi, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion to amend the judgment of conviction on April 24, 2019. Appellant did not file the notice of appeal, however, until June 5, 2019, well after the expiration of the 30-day appeal period prescribed by 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.