IN THE SUPREME COURT OF THE STATE OF NEVADA

KEITH BARLOW, No. 70812 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED SEP 3 0 2016 TRACE K. LINDEMAN CLERK OF SUPREME COURT EY DEPUTY CLERK

ORDER DISMISSING APPEAL Appellant filed a pro se notice of appeal from an order denying a pretrial petition for a writ of habeas corpus. On August 30, 2016, this court issued an order directing appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant's counsel has responded with a notice of withdrawal of this appeal, approved by appellant Appellant then submitted a pro se letter indicating that he does not wish to withdraw the appeal.' Only the state may appeal from an order resolving a pretrial petition for writ of habeas corpus. NRS 34.575(2); Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State,

'The clerk of this court shall file the letter received on September 17, 2016.

SUPREME COURT OF NEVADA

(0) 1947A e 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

ahutriti, , J.

Cherry

ell A Douglas J.

Gibbons

cc: Hon. Kerry Louise Earley, District Judge Special Public Defender Keith Barlow Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (IA 1947A ce