Miller (Tre) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

TRE RONDEL MILLER, No. 76229 Appellant, vs.

THE STATE OF NEVADA,

FILE Respondent. JUL 2 6 2018 ORDER DISMISSING APPEAL in I dipurr cLERK This is a pro se appeal from a district court order denying in part and granting in part a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying in part and granting in part appellant's petition on April 13, 2018. The district court served notice of entry of that order on appellant on April 19, 2018. Appellant did not file the notice of appeal, however, until June 21, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[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.

, J. Parraguirre Stiglich SUPREME COURT

OF

I f- x 217 1 NEVADA

(0) 194Th e cc: Hon. Tierra Danielle Jones, District Judge Tre Rondel Miller

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

KJ) 1947A et.