Nevada Supreme Court, 2017

Paddack (Brian) v. State

Paddack (Brian) v. State
Nevada Supreme Court · Decided August 10, 2017

Paddack (Brian) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRIAN WILLIAM PADDACK, No. 73070 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED AUG 1 0 2017 ELIZABETH A. BROWN CLERpp UPREME COURT By • ORDER DISMISSING APPEAL CLERK

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.

On May 4, 2017, appellant filed a notice of appeal. The notice of appeal did not specifically identify any judgments of the district court. To the extent that appellant appeals from the judgment of conviction, the notice of appeal was untimely filed. NEAP 4(b); NRAP 26(a); NRAP 26(c). "[Ain 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 that appellant's appeal is in regard to a motion to modify sentence, no decision, oral or written had been made on the motion when appellant filed his appeal. Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Gibbo

6-CIA's's "!

Parraguirre SUPREME COURT Stiglich OF NEVADA

(0) 1947A i 7- 2093 cc: Hon. Elissa F. Cadish, District Judge Brian William Paddack Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A <41D.

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