Santistevan (Jerry) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JERRY SANTISTEVAN, No. 75021 Appellant, vs.

THE STATE OF NEVADA,

Respondent.

AL ED APR 1 E 2018 frele cite? 1 BROWN ERIC OF ORDER DISMISSING APPEAL BY EFITTITGLERI This is a pro se appeal from district court orders denying a motion to modify sentence and denying a motion for rehearing. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.

Our review of this appeal reveals jurisdictional defects. Specifically, the district court entered the order denying a motion to modify sentence on December 19, 2017. Appellant did not file the notice of appeal, however, until January 26, 2018, eight days 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, 1110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Further, no statute or court rule permits an appeal from an order denying a motion for rehearing. Castillo u. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we ORDER this appeal DISMISSED.

Cherry

SUPREME COURT

OF

NEVADA t -itt3H.10 (0) 1947A

9.• (7 i cc: Hon. Stefany Miley, District Judge

Jerry Santistevan

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

Of

NEVADA

(0) 1947A 2