Johns (Paschella) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

PASCHELLA JOHNS, No. 76822 Appellant, vs.

THE STATE OF NEVADA,

FILED Respondent. NOV o 2 2018 ELIZARETH A. BROWN CLERK OF SUPREME COURT eo BY ORDER DISMISSING APPEAL t CiE:PLA e

This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. This court's initial review of this appeal revealed a jurisdictional defect. The notice of appeal was untimely filed. The judgment of conviction was entered on July 6, 2018. However, the notice of appeal was not filed until August 22, 2018, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Accordingly, on September 13, 2018, we directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response to the show-cause order, appellant's counsel concedes that the appeal is untimely. Because an untimely notice of appeal fails to vest jurisdiction in this court, see Lozada v . State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), we lack jurisdiction over this appeal and we ORDER this appeal DISMISSED.

Asa,. tap ' , J.

Pickering

/ , J. SUPREME COURT Gibboffs Hardesty OF

NEVADA (0) I947A

18-43153 Mt Mt cc: Hon. Kathleen E. Delaney, District Judge Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

Paschella Johns

SUPREME COURT

OF

NEVADA

EC)) 1947A

Fin