Clemente-Perez (Cesar) Vs. State

Nevada Supreme Court

Clemente-Perez (Cesar) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CESAR ALEJANDRO CLEMENTE- No. 79909 PEREZ, Appellant, Fr E vs. THE STATE OF NEVADA, NOV ? 5 2019 Respondent. ELIZABETH A. BROWN CLERK OF SUPREME COURT

BY DEPLJ. ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction and an amended judgment of conviction. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on May 18, 2017, and the amended judgment of conviction on October 5, 2017. Appellant did not file the notice of appeal, however, until October 17, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[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.

Hardesty

J. , J. Stiglich Silver

SUPREME COURT OF NEVADA

(0) I947A 41S*5

Mvai. 71"it' • e. cc: Hon. Kimberly A. Wanker, District Judge Cesar Alejandro Clemente-Perez Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1947A 410. 2 MESA 1 II

Reference

Status
Published