IN THE SUPREME COURT OF THE STATE OF NEVADA

ERNEST MILTON SMITH, JR., No. 81307 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

FEB 0 3 2022 EUZABETH A. BROWN CLERK _, SUPRDAE COURT ay DEPUTY CI.MC ORDER DISMISSING APPEAL This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

Appellant's counsel has filed a notice of withdrawal of this appeal. Counsel advises this court that he has informed appellant of the legal effects and consequences of voluntarily withdrawing this appeal, including that appellant cannot hereafter seek to reinstate this appeal, and that any issues that were or could have been brought in this appeal are forever waived. Having been so informed, appellant consents to a voluntary dismissal of this appeal. Cause appearing, this court ORDERS this appeal DISMISSED.'

J.

Hardesty

44aity.1,0 J. , Stiglich Herndon

'Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.

-0371i4 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 21 Special Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

10) I 937A