Banning (David) v. State
This text of Banning (David) v. State (Banning (David) v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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