Holmes (Wilbert) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILBERT ROY HOLMES, No. 75306 Appellant, vs.

THE STATE OF NEVADA,

FILE Respondent. MAR 2 3 2018 A. JIRO RENE BY Pun, CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on December 6, 2017. Appellant did not file the notice of appeal, however, until March 5, 2018, well after the expiration of the thirty-day appeal period prescribed by NRAP 4(b). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. 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.

/Sec-. , J. Hardesty

SUPREME COURT

OF

NEVADA

(01 1947A me t cc: Hon. Douglas W. Herndon, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0p 1947A CS