Araujo (Ignacio) v. State

Nevada Supreme Court

Araujo (Ignacio) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IGNACIO ARAUJO, No. 77353 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. 1 7 2018

BY DEPUTY CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 4, 2017. The district court served notice of entry of that order on appellant on August 7, 2017. Appellant did not file the notice of appeal, however, until October 31, 2018, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[Ain 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. Aikta.—Q SUPREME COURT Parraguirre Stiglich OF NEVADA I it _ epeete, (0) 1947A cc: Hon. Kenneth Cory, District Judge Hon. Ronald J. Israel, District Judge Ignacio Araujo Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

441,494 (0) I947A 2

Reference

Status
Unpublished