Perez (Oreste) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

ORESTE PEREZ, No. 74902 Appellant, vs.

THE STATE OF NEVADA,

Respondent.

Fi ED FEB 2 6 2018 ELIZAfiElY A. BROWN CLERK OF :1UE'REME COURT BY ORDER DISMISSING APPEAL CEPUT? CLERK

This is a pro se appeal from a district court denying a postconviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on July 12, 2017. The district court served notice of entry of that order on appellant on July 13, 2017. Appellant did not file the notice of appeal, however, until January 16, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[A]n untimely notice•of appeal fails to vest jurisdiction in this court." Lozada ix 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.

Pickering

P iektt (4:(49 ,J .

Hardesty SUPREME COURT

OF

NEVADA

4()) 1947A e 1?-07389 cc: Hon. William D. Kephart, District Judge

Oreste Perez

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A CO.