Nevada Supreme Court, 2018

Edwards (Carl) v. State

Edwards (Carl) v. State
Nevada Supreme Court · Decided December 10, 2018

Edwards (Carl) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CARL DEAN EDWARDS, No. 77374 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILE DEC 1 0 2018 OEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from district court orders denying a motion to modify sentence and denying a motion for further declaratory relief. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.

This court's review of this appeal reveals jurisdictional defects.

The district court entered the order denying a motion to modify sentence on July 17, 2018. Appellant did not file the notice of appeal, however, until November 6, 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). Further, no statute or court rule provides for an appeal from an order denying a motion for further declaratory relief. Castillo v. State, 106

SUPREME COURT OF NEVADA Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

cc: Hon. Kimberly A. Wanker, District Judge Carl Dean Edwards Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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