Webster (Darnell) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA DARNELL WEBSTER, No. 85472 Appellant, vs. THE STATE OF NEVADA, FILE Respondent. OCT Z4 2021 H A. BF:OWN UPREME COURT ORDER DISMISSING APPEAL BY CLERK DEP 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; Tierra Danielle Jones, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on June 27, 2022. The district court served notice of entry of that order on appellant on June 29, 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.' abog, , J. Cadish , J. Sr.J. SUPREME COURT 'The Honorable Mark Gibbons, Senior Justice, participated in this OF NEVADA matter under a general order of assignment. Wu 19-17A - '3371 cc: Hon. Tierra Danielle Jones, District Judge Darnell Webster Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA I947A •,4gAt4

SupREME GourT OF Nevapa (O) 1ttA eS IN THE SUPREME COURT OF THE STATE OF NEVADA DARNELL WEBSTER, No. 85472 Appellant, vs. i THE STATE OF NEVADA, Le E D Respondent. OCT 24 2022 ORDER DISMISSING APPEAL ev BS CLERK 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; Tierra Danielle Jones, Judge. This court’s review of this appeal reveals a jurisdictional! defect. Specifically, the district court entered its order denying appellant’s petition on June 27, 2022. The district court served notice of entry of that order on appellant on June 29, 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.! Cadish p 3 Pickering 1The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment. >2- 33377 Supreme Gourt OF Nevabpa Or WaT «eae cc: Hon. Tierra Danielle Jones, District Judge Darnell Webster Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk