Schulte (Jacob) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JACOB MATTHEW SCHULTE, No. 85055 Appellant, vs.

THE STATE OF NEVADA,

FILED Respondent. AUG 2 2 2022 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEPUTY CLEVe

ORDER DISMISSING APPEAL

This is an appeal from an amended judgment of conviction. Eighth Judicial District Court, Clark County; Jasmin D. Lilly-Spells, Judge. Initial review of the notice of appeal revealed a potential jurisdictional defect. The order revoking probation and amended judgment of conviction was entered on May 29, 2022. The notice of appeal was not filed in the district court until July 15, 2022, well after expiration of the 30- day appeal period prescribed by NRAP 4(b). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response, appellant concedes that the notice of appeal was untimely filed. To the extent appellant suggests that a motion for reconsideration tolled the time to file the notice of appeal, this contention lacks merit. NRAP 4(b)(3) sets forth the tolling motions in criminal appeals—a motion for reconsideration is not among those motions. See also Phelps v. State, 111 Nev. 1021, 900 P.2d 344 (1995). This court lacks SUPREME COURT

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NEVADA (0) I q47A jurisdiction over an untimely notice of appeal. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court ORDERS this appeal DISMISSED.

Hardesty

J. Stiglich

Herndon cc: Hon. Jasmin D. Lilly-Spells, District Judge The Matian Firm, APC

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

1.1PREME COURT

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NEVADA

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