Stewart (Michael) v. State

Nevada Supreme Court

Stewart (Michael) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL STEWART, No. 77452 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. . 1 42O18 -1 A. BROV CLE JPREME C

ORDER DISMISSING APPEAL T-i -V CLERK

This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge. This court's review of this appeal reveals a jurisdictional defect. The documents before this court indicate that a petition has not been filed in district court case number C-17-325901-1, the case number designated in this appeal. To the extent that appellant appeals from the judgment of conviction entered on January 4, 2018, the notice of appeal was untimely filed, "[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 ORDER this appeal DISMISSED.

SUPREME COURT OF NEVADA ge. cio r r (0) 1947A

;CT

it cc: Hon. Jerry A. Wiese, District Judge Michael Stewart Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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Reference

Status
Unpublished