Burton (Key) v. State

Nevada Supreme Court

Burton (Key) v. State

Opinion

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

Reference

Status
Published