Williams (Kelvin) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

KELVIN LEE WILLIAMS, No. 84791 Appellant, vs.

THE STATE OF NEVADA,

FILE Res ondent. JUN 30 2022 ELIZABETH A_ BROWN CLERK( ff PREME COURT DEPU1 ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court served notice of entry of the order denying a petition for writ of habeas corpus on April 30, 2020. Appellant did not file the notice of appeal, however, until May 9, 2022, 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, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

•/ _A tfn J.

Hardesty

4IMIIMMaort. J. J. Stiglich

SUPREME COURT

OF

NEVADA

(0) I 947A

P?-- 20(090 cc: Hon. Monica Trujillo, District Judge

Kelvin Lee Williams

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A

IN THE SUPREME COURT OF THE STATE OF NEVADA

KELVIN LEE WILLIAMS, No. 84791

Appellant, vs. FILED

THE STATE OF NEVADA,

Respondent. JUN 30 2022

ELIZABETH A. BROWN a SUPREME COURT

BY .___>--..

DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

This court’s preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court served notice of entry of the order denying a petition for writ of habeas corpus on April 30, 2020. Appellant did not file the notice of appeal, however, until May 9, 2022, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). “TA]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. pAge. oak Jo.

Hardesty

Stiglich Herndon

SupREME Court

OF

Nevapa (0) 147A oR Po- 20640 cc: Hon. Monica Trujillo, District Judge

Kelvin Lee Williams

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

Supreme Court

OF

NEVADA (0) 18a7A GE 9