Cabrera (Charlie) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHARLIE MUNA CABRERA, No. 78412 Appellant, vs. Fi BRIAN E. WILLIAMS, SR., WARDEN RUA HDSP,

Respondent. APR 0 8 2019 ELLFAI3:k.pistowil CLERK OF SUPi , iEME COURT By S Dri% inkfc 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; Linda Marie Bell, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on November 9,2017. The district court served notice of entry of that order on appellant on November 15, 2017. Appellant did not file the notice of appeal, however, until March 20, 2019, well after the expiration of the 30- day appeal period prescribed by NRS 34.575. "[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, this court ORDERS this appeal DISMISSED.

J.

Pickering

J -941.1ter

Parraguirre Cadish SUPREME COURT

OF

NEVADA

(0) 1947A (7° cc: Hon. Linda Marie Bell, District Judge

Charlie Muna Cabrera

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A (e))