Pamplin (John) v. State

Nevada Supreme Court

Pamplin (John) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOHN DAVID PAMPLIN, No. 76093 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED JUL 0 6 2018 ropp cui ll A. DROto

DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from the conviction in the above- mentioned case." Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge. This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on October 4, 2002. Appellant did not file the notice of appeal, however, until June 6, 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). To the extent that appellant appeals from the motions to modify sentence and to vacate sentence, no decisions had been made on

SUPREME COURT OF NEVADA

ccigo lip, ste 35" (0) 1937A the motions when appellant filed his appeal. Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.'

Cherry

Al4C44.)0 J. —94)tlikr Parraguirre Stiglich

cc: Hon. Elissa F. Cadish, District Judge John David Pamplin Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'Given this order, we take no action on the request for judicial notice filed on June 27, 2018. SUPREME COURT OF NEVADA 2 (0) 1947A

Reference

Status
Unpublished