Peiro-Tapia (Josue) v. State

Nevada Supreme Court

Peiro-Tapia (Josue) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSUE PETRO-TAPIA, TN jOSUE A. No. 75699 AGUIRRE, AIK/A LUIS A. AGUIRRE, Appellant, . THE STATE OF NEVADA, Respondent. FILED 41 A' 2018 _aa'TM& BROWN (% CLERK OF 91P FZEME career BY ORDER DISMISSING APPEAL DEPUTY CLERK

This is a pro se appeal from a district court order denying a motion for amended judgment of conviction to include jail time credits. Eighth Judicial District Court, Clark County; William D. Kephart, Judge. This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion on November 3, 2017. Appellant did not file the notice of appeal, however, until April 23, 2018, well after the expiration of the thirty-day appeal period prescribed by NRAP 4(b). "[A]ia untimely notice of appeal fails to vest jurisdiction in this court." liozada v. Stale, 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.

Ova Cherry

Stiglich SUPREME COURT OF NEVADA I 8'49177 (0) 1947A cc: Hon. William D. Kephart, District Judge Luis A. Aguirre Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I94,A

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Reference

Status
Unpublished