Akinbayode (Folaji) v. State

• Court: Nevada Supreme Court
• Decided: October 6, 2022
• Docket: 85170
• Status: Published

Opinion

DA IN THE SUPREME COURT OF THE STATE OF NEVA

FOLAJI OLADIME AKINBAYODE, No. 85170 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED OCT 0 6 2022 ELIZABETH A. BROWN CLERK IJPREME COURT BY DEPUTY CLEZ I Y GA-A

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Second Judge. Judicial District Court, Washoe County; Jerome M. Polaha, Senior Our preliminary review of the docketing statement and the docum ents submitted to this court pursuant to NRAP 3(g) revealed a red to potential jurisdictional defect. Specifically, the notice of appeal appea filed be untimely filed under NRAP 4(b)(1) because it appeared that it was more than 30 days after the judgment of conviction was filed. See NRAP this 4(b)(1)(A). Accordingly, we directed appellant to show cause why appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response to this court's order to show of time." cause wherein he concedes that the notice of appeal was filed "out " "[A]n untimely notice of appeal fails to vest jurisdiction in this court.

SUPREME COURT OF NEVADA

(0) 1947A Ae? -3/533 Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly,

this court lacks jurisdiction and we ORDER this appeal DISMISSED.'

J. Cadish

Sr.J.

cc: Chief Judge, The Second Judicial District Court Hon. Jerome M. Polaha, Senior Judge Washoe County Public Defender Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

'The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 (0) 1907,A 4E>