Chavez (Santiel) v. Warden

Nevada Supreme Court

Chavez (Santiel) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SANTIEL CHAVEZ, No. 76278 Appellant, vs. FILED BRIAN WILLIAMS, WARDEN, Respondent. JUL 17 2018 ELIZABETH A BROWN CLERK OF SUPREME COURT ORDER DISMISSING APPEAL sy_StiO-Saer-- DEPUTY CLERK

This is a pro se appeal from a single district court order denying postconviction petitions for writs of habeas corpus) Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petitions on April 19, 2018. The district court served notice of entry of that order on appellant on April 25, 2018. Appellant did not file the notice of appeal, however, until June 26, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[Mil 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.

Pickering

Gibboris Hardesty

'The order was only entered in district court case number A-17- SUPREME COURT OF 764429-W. NEVADA

(0) 1947A 41t, 12-272/ I 711 cc: Hon. Linda Marie Bell, District Judge Santiel Chavez Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

Reference

Status
Unpublished