George v. State
George v. State
Opinion of the Court
OPINION
By the Court,
In this appeal, we hold that filing a notice of appeal in a criminal case after rendition of the verdict but before sentencing will not deprive this court of jurisdiction over the appeal. We also clarify that an indigent defendant generally has a right to full transcripts to aid in the prosecution of a direct appeal from a judgment of conviction.
FACTS AND PROCEDURAL HISTORY
In 1985, a trial jury found appellant Donald N. George guilty of six counts of sexual assault and five counts of lewdness with a minor. After the verdict, but before entry of the final judgment, George filed a proper person notice of appeal. The district court clerk failed to transmit the notice to this court. The district court subsequently entered a judgment of conviction upon the verdict.
Following the conviction, George filed a proper person motion to obtain transcripts for preparation and perfection of the appeal. The State opposed the motion, arguing under Peterson v. Warden
DISCUSSION
Timeliness of appeal
As noted above, George filed his notice of appeal after the verdict but before entry of final judgment. The State argues that the notice was ineffective to preserve appellate jurisdiction. We disagree. Nevada Rule of Appellate Procedure 4(b)(1) provides:
In a criminal case, the notice of appeal by a defendant shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from. A notice of appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. ... A judgment or order is entered within the meaning of this rule when it is signed by the judge and filed with the clerk.
Going further, prior to George’s conviction, the Legislature amended NRS 177.015 to permit a defendant to appeal “from a final judgment or verdict.”
Trial transcripts
George asserts that his conviction must be overturned because the State destroyed his trial transcripts and the transcripts cannot be reconstructed. As noted, the district court denied George’s re
Although Peterson remains good law in the post-conviction relief context,
CONCLUSION
George timely filed his notice of appeal. However, because George was improperly deprived of the opportunity to prosecute his direct appeal, we order the judgment below reversed and remand this matter to the district court for a new trial.
Gibbons and Hardesty, JJ., concur.
87 Nev. 134, 136, 483 P.2d 204, 205 (1971).
NRS 177.015(3); see also 1967 Nev. Stat., ch. 523, § 287, at 1443-44 (providing for an appeal from “[a] final judgment”); 1971 Nev. Stat., ch. 627, § 1, at 1450-51 (providing for an appeal from “a final judgment or verdict”).
87 Nev. at 136, 483 P.2d at 205 (citing Walls v. Warden, 219 A.2d 6 (Md. 1966) (other citations omitted)).
404 U.S. 189 (1971).
404 U.S. 226 (1971).
See Ruark v. Gunter, 958 F.2d 318, 319 (10th Cir. 1992) (citing United States v. MacCollom, 426 U.S. 317 (1976) (plurality opinion)).
Britt, 404 U.S. at 227.
Bellows v. State, 110 Nev. 289, 291, 871 P.2d 340, 342 (1994).
Reference
- Full Case Name
- DONALD N. GEORGE v. THE STATE OF NEVADA
- Cited By
- 7 cases
- Status
- Published