Nevada Supreme Court, 2021

Van Duisen (Bryce) Vs. State

Van Duisen (Bryce) Vs. State
Nevada Supreme Court · Decided September 9, 2021

Van Duisen (Bryce) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRYCE RUSSELL VAN DUISEN, No. 83453 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. SEP 9 2021 EL12ABE :1 A. ŠP.O.V.P4 OLE •Å PREME COURT BY ORDER DISMISSING APPEAL DE1' CY CLERK

This is a pro se appeal from an order revoking probation and amended judgment of conviction. Third Judicial District Court, Lyon County; John Schlegelmilch, Judge.

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

Specifically, the district court entered the order revoking probation and amended judgment of conviction on June 17, 2021. Appellant did not file the notice of appeal, however, until August 31, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

arraguirre 4,1;4_01.4.4 .4 Lit:4,AD Stiglich Silver SUPREME COURT oc NevADA

I907A 01g6P0D 2-1 egNISPAR.:11.2.7..:413.1.• : cc: Hon. John Schlegelrnilch, District Judge Walther Law Offices, PLLC Attorney General/Carson City Lyon County District Attorney Third District Court Clerk

SUPREME COURT oF NEVADA

(0) 1947A 4eig, 2

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA BRYCE RUSSELL VAN DUISEN, No. 83453 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. SEP 9 2021 EL12ABE :1 A. ŠP.O.V.P4 OLE •Å PREME COURT BY ORDER DISMISSING APPEAL DE1' CY CLERK This is a pro se appeal from an order revoking probation and amended judgment of conviction. Third Judicial District Court, Lyon County; John Schlegelmilch, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order revoking probation and amended judgment of conviction on June 17, 2021. Appellant did not file the notice of appeal, however, until August 31, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED. arraguirre 4,1;4_01.4.4 .4 Lit:4,AD Stiglich Silver SUPREME COURT oc NevADA I907A 01g6P0D 2-1 egNISPAR.:11.2.7..:413.1.• : cc: Hon. John Schlegelrnilch, District Judge Walther Law Offices, PLLC Attorney General/Carson City Lyon County District Attorney Third District Court Clerk SUPREME COURT oF NEVADA (0) 1947A 4eig, 2

Case-law data current through December 31, 2025. Source: CourtListener bulk data.