Burton (Key) v. State
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