Nevada Supreme Court, 2013

Vontress (George) v. State

Vontress (George) v. State
Nevada Supreme Court · Decided March 14, 2013
Vontress (George) v. State

Opinion

jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

Gibbons

J.

J. Saitta cc: Hon. James M. Bixler, District Judge

George Vontress

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk ...continued

Because appellant represented himself at trial and at sentencing, the district court was required to advise him of the right to appeal the conviction. See NRS 177.075(2). The minutes are silent as to whether he received such an advisement and whether appellant requested that a notice of appeal be filed on his behalf. Any claim that appellant was deprived of a direct appeal without his consent must be raised in a timely post-conviction petition for a writ of habeas corpus filed in the district court in the first instance. See NRS 34.724(1), (2)(b); NRS 34.738(1). In the instant case, because appellant failed to file a timely notice of appeal from his judgment, a timely post-conviction petition for a writ of habeas corpus must be filed in the district court before June 17, 2013 (a Monday), one year from entry of the judgment of conviction. NRS 34.726(1).

SUPREME COURT

OF

NEVADA (0) 1947A

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