Allen (Derrick) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DERRICK BRYAN ALLEN, No. 85033 Appellant, vs. THE STATE OF NEVADA, FILE Respondent.

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Eighth

Judicial District Court, Clark County; Jacqueline M. Bluth, Judge. This court's review of this appeal revealed a potential jurisdictional defect. The judgment of conviction was entered on May 25, 2022. However, the notice of appeal was not filed until July 12, 2022, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Accordingly, on July 20, 2022, this court directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. In response to this court's show-cause order, appellant's counsel concedes that this appeal was untimely filed. Because an untimely notice of appeal fails to vest jurisdiction in this court, see Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction over this appeal and ORDERS this appeal DISMISSED.

, J. Hardesty

J. (74Th. SUPREME COURT Stiglich Herndon OF NEVADA

I947A 7_2 - wird' cc: Hon. Jacqueline M. Bluth, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF

NEVADA 9 4(1.) 1447A