Banning (David) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MICHAEL BANNING, No. 85036 Appellant, VS. fi THE STATE OF NEVADA, L E D Respondent. AUG 08 2022

DERUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order denying a motion for amendment to the judgment of conviction. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion on May 27, 2022. Appellant did not file the notice of appeal, however, until July 13, 2022, well after the expiration of the 30-day appeal period prescribed by 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.

SLs J.

Silver

Cadish Pickering

Supreme Court OF NEVADA

0 sale 2474 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 1 David Michael Banning Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME Court OF NEVADA

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