Banning (David) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MICHAEL BANNING, No. 85036 Appellant, vs.

THE STATE OF NEVADA, FILED Respondent.

AUG 0 8 2022 ELIV FM A. BROWN UPRE DE TY CLERK ORDER DISMISSING APPEAL This is a pro se notice of appeal from a district court order denying a motion for amendment to the judgment of conviction. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion on May 27, 2022. Appellant did not file the notice of appeal, however, until July 13, 2022, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court

ORDERS this appeal DISMISSED.

Silver

, J.

Cadish Pickering

SUPREME COURT

OF

NEVADA

(0) I947A

1 2 m 7 )tif cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 1 David Michael Banning

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(U) 1947A