Nevada Supreme Court, 2021

Harris (David) Vs. State

Harris (David) Vs. State
Nevada Supreme Court · Decided March 31, 2021
482 P.3d 1219 (Pacific Reporter, Third Series)

Harris (David) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID JOHN HARRIS, No. 82601 Appellant, vs. THE STATE OF NEVADA, FILED Res s ondent.

MAR 3 1 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT By C •‘-it DEPLHY CLERK r ORDER DISMISSING APPEAL This is a pro se appeal from a dismissal of petition and amended petition to issue a writ of habeas corpus. Ninth Judicial District Court, Douglas County; Nathan Tod Young, Judge.

A review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered its order denying appellant's petition on January 4, 2021. The district court served notice of entry of that order on appellant on January 5, 2021. Appellant did not file the notice of appeal, however, until March 3, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[Ain 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.

f.: ottemitis%e'rn,•r Parraguirre

A10.1.3y:m..0 Stiglich Silver

61,1. 0/A cc: Hon. Nathan Tod Young, District Judge David John Harris Attorney General/Carson City Douglas County District Attorney/Minden Douglas County Clerk

SUPREME COURT OF NEVADA

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