Nevada Supreme Court, 2020

Garcialeal (Andres) Vs. State

Garcialeal (Andres) Vs. State
Nevada Supreme Court · Decided May 1, 2020

Garcialeal (Andres) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANDRES GARCIALEAL, No. 81000 Appellant, vs. THE STATE OF NEVADA, FU ED ft izIni Respondent.

MAY 0 1 2020 CLERK OF COURT BY 5 .V ( r ty=Al ORDER DISMISSING APPEAL This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on August 12, 2019. Appellant did not file the notices of appeal, however, until April 2, 2020, and April 6, 2020, well after the expiration of the 30-day appeal period prescribed by NEAP 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, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

11,_44.4.1 , J. J.

Hardesty Cadish cc: Hon. Valerie Adair, District Judge Andres Garcialeal Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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