Villanueva (Jose) v. State

Nevada Supreme Court

Villanueva (Jose) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSE VILLANUEVA, No. 76897 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. SEP 2 1 2018 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEPUTY CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge. This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on July 18, 2018. Appellant did not file the notice of appeal, however, until August 30, 2018, well after the expiration of the 30-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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Or\E? Cherry

Parfaguirre Cr- t Stiglich cc: Hon. Jennifer P. Togliatti, District Judge Jose Villanueva Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2

Reference

Status
Unpublished