Nevada Supreme Court, 2019

Braaten (Dale) v. State

Braaten (Dale) v. State
Nevada Supreme Court · Decided July 9, 2019

Braaten (Dale) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DALE LYNN BRAATEN, No. 78952 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from a district court "order denying motion to amend judgement of conviction." Third Judicial District Court, Lyon County; Leon Aberasturi, Judge.

This court's review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered the order denying the motion to amend the judgment of conviction• on April 24, 2019. Appellant did not file the notice of appeal, however, until June 5, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

Pickering

J.

Cadish

ig- veirls• cc: Hon. Leon Aberasturi, District Judge Dale Lynn Braaten Attorney General/Carson City Lyon County District Attorney Third District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 45,11&111> gr,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.