Gardenhire (Michael) v. State

Nevada Supreme Court

Gardenhire (Michael) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL KEVIN GARDENH1RE, No. 77701 Appellant, vs. THE STATE OF NEVADA, Re SD ondent. FEB 1 3 2019 i..i1NMETF A. LROWN CLERK OF O';RE.PIE. COURT BY C)-41.1RI + DEP;j Ol.. ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Douglas Smith, Judge. This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on February 9, 2018. Appellant did not file the notice of appeal, however, until December 13, 2018, well after the expiration of the thirty- day appeal period prescribed by NRAP 4(b). 1 "[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.

/14-A AA; Hardesty

444st-0 J. Stiglich Silver

To the extent that appellant appeals from the amended judgment of 1 conviction entered May 9, 2018, the notice of appeal is untimely. SUPREME COURT OF NEVADA

(0) 1947A e 0(0771 cc: Hon. Douglas Smith, District Judge Michael Kevin Gardenhire Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A .0 2

Reference

Status
Unpublished