Bailey (Anthony) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTHONY DEWANE BAILEY, No. 79322 Appellant,

vs.

THE STATE OF NEVADA, FILED Respondent.

AUG 3 0 2019 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY

DEPUTftlAllit

4

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion to modify and/or correct an illegal sentence. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion to modify and/or correct illegal sentence on May 24, 2019. Appellant did not file the notice of appeal, however, until July 30, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court

ORDERS this appeal DISMISSED.

, J.

Pickering

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Parraguirre Cadish SUPREME COURT OF NEVADA

(0) 1947A .41D.

cc: Hon. Eric Johnson, District Judge Anthony Dewane Bailey Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A