Aston (John) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOHN THOMAS ASTON, No. 73789 Appellant,

VS.

THE STATE OF NEVADA,

Respondent. FILED MAR 0 b 2018 ag 7 f BROI I E OF FEL EPUTY CLERK

ORDER DISMISSING APPEAL This is an appeal from a judgment of conviction. First Judicial District Court, Carson City; James E. Wilson, Judge.

Appellant's counsel previously filed a letter indicating that appellant is deceased and requesting guidance on how to proceed. On November 6, 2017, we entered an order instructing that appellant's personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 within 90 days if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkhatti, 68 Nev. 250, 253-54, 229 P.2d 158, 160 (1951) ("Upon the death of a party. . the [action] cannot proceed until someone is substituted for the decedent . .."). We stated that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. at 530, 306 P.3d at 395. To date, no personal

SUPREME COURT

Or

NEVADA igeOg g r7 (0) 1947A representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, we ORDER this appeal DISMISSED.

Cherry

CC: Hon. James E. Wilson, District Judge State Public Defender/Carson City Attorney General/Carson City

Carson City District Attorney

Carson City Clerk

SUPREME COURT

OF

NEVADA (0) 1947A rt