Nevada Supreme Court, 2020

Swanson, Jr. (Adrian) Vs. State

Swanson, Jr. (Adrian) Vs. State
Nevada Supreme Court · Decided December 15, 2020
477 P.3d 365 (Pacific Reporter, Third Series)

Swanson, Jr. (Adrian) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ADRIAN SWANSON, JR., No. 82164 Appellant, vs. THE STATE OF NEVADA, FILE Respondent.

DEC 1 5 2020 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEP CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

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

Specifically, the district court entered the judgment of conviction on September 17, 2018. Appellant did not file the notice of appeal, however, until November 25, 2020, 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.

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— cc: Hon. Michelle Leavitt, District Judge Adrian Swanson, Jr. Attorney GenerallCarson City Clark County District Attorney Eighth District Court Clerk

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