Benavides (Cristobal) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CRISTOBAL BENAVIDES, No. 85335 Appellant,

VS.

FILE

THE STATE OF NEVADA, SEP 2 / 2022 Respondent.

A. MOWN

E COURT

ORDER DISMISSING APPEAL

This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on June 2, 2022. The district court served notice of entry of that order on appellant on June 6, 2022. Appellant did not file the notices of appeal, however, until September 6, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. 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 lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

, J.

Hardesty

A4,44...12 J. 44 =wsPz , J.

Stiglich Herndon

SUPREME COURT OF NEVADA

(0) I947A cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 17 Cristobal Benavides Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947A