IN THE SUPREME COURT OF THE STATE OF NEVADA

JEFFREY DENNIS SCOTT, No. 71363 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. NOV 2 3 2016

ORDER DISMISSING APPEAL This is an appeal from a judgment of conviction for a gross misdemeanor battery on a police officer. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.

The judgment of conviction was entered on August 9, 2016.

However, the notice of appeal was not filed until September 9, 2016, one day after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada u. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994).

Accordingly, we directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has responded and concedes that the notice of appeal was untimely filed. Accordingly, we ORDER this appeal DISMISSED.

CJ.

Parraguirre

.ep ' 3.

Hardesty Pickering SUPREME COURT OF NEVADA

(0) I907A cep, -3G6-tri) cc: Hon. Kimberly A. Wanker, District Judge Harry R. Gensler Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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