IN THE SUPREME COURT OF THE STATE OF NEVADA

MARTY A. FRANKLIN, No. 79530 Appellant, vs. THE STATE OF NEVADA, Respondent.

'1:1OWN CLE COURT BY DEPUIT:CERK ORDER DISMISSING APPEAL This is a direct appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Elliott A. Sattler, Judge.

Appellant's counsel has filed a notice of voluntary withdrawal of this appeal. Counsel advises this court that he has informed appellant of the legal consequences of voluntarily withdrawing this appeal, including that appellant cannot hereafter seek to reinstate this appeal, and that any issues that were or could have been brought in this appeal are forever waived. Having been so informed, appellant consents to a voluntary dismissal of this appeal. Cause appearing, we ORDER this appeal DISMISSED.1

Pek“ J.

Pickering

("16**117r J.

Parraguirre Cadish 'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.

SUPREME COURT OF NEVADA (0) I947A /q- ii$0940 cc: Hon. Elliott A. Sattler, District Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Marty A. Franklin Washoe District Court Clerk