Burton (Key) v. State

SuPREME CourT

OF

NEVADA (0) 1997 eB

IN THE SUPREME COURT OF THE STATE OF NEVADA

KEY MAYEN BURTON, No. 85479

Appellant, Lo iy vs. . FE i (. E Ls

THE STATE OF NEVADA,

Respondent. OCT 24 2022

THA BROWN

SUPREME CQURT

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

This court’s review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant’s petition on July 18, 2022. The district court served notice of entry of that order on appellant on July 20, 2022. Appellant did not file the notice of appeal, however, until October 4, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See 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.

Hardesty

AVG OB J. La “od.

Stiglich Herndon

20-33358

SupPReme Court

OF

Nevapa (ay [G47 ecg cc:

Hon. Crystal Eller, District Judge

Key Mayen Burton

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk