Moe (Michael) Vs. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL JOHN MOE,• No. 80217 Appellant, vs.

THE STATE OF NEVADA,

Respondent. JAW ! 6 2020 EL.WiRET.H A. EriVN COURT BY ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion to modify sentence. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion to modify sentence on November 5, 2019. Appellant did not file the notice of appeal, however, until December 10, 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 lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

A<tba,t) J. Stiglich Silver SUPFIEME COURT

OF

NEVADA

(0) I947A a2 wig cc: Hon. Lynne K. Simons, District Judge

Michael John Moe

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A : It'I 1Iji1