Nevada Supreme Court, 2018

Miller (Tre) v. State

Miller (Tre) v. State
Nevada Supreme Court · Decided July 26, 2018

Miller (Tre) v. State

Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.