Nevada Supreme Court, 2016

Holmes (Kevin) v. State

Holmes (Kevin) v. State
Nevada Supreme Court · Decided September 21, 2016

Holmes (Kevin) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KEVIN RAY HOLMES, No. 70728 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

SEP 21 2016 ORDER DISMISSING APPEAL TR'ACIE K LINDEMAN CLERK OF SUPREME COURT BY This appeal was initiated by the filing of a pro DESejTvrielne of appeal. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

On June 28, 2016, appellant filed a notice of appeal. No appealable order was designated in the notice of appeal. To the extent appellant appeals from the judgments of conviction entered on June 18, 1996, and December 7, 1999, the notice of appeal was untimely filed.

NRAP 4(b); NRAP 26(a); NRAP 26(c). "[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). To the extent appellant appeals from the June 16, 2016, order, no statute or court rule permits an appeal from an order denying a motion pursuant to NRCP 60(B) in a criminal matter. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we ORDER this appeal DISMISSED.

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Dougla fr ie Gibbo SUPREME COURT OF NEVADA

(0) 1947A l -.2- g 33 cc: Hon. Michael Villani, District Judge Kevin Ray Holmes Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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