Berry (Rodney) Vs. State

• Court: Nevada Supreme Court
• Decided: October 18, 2019
• Docket: 79759
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RODNEY WAYNE BERRY, No. 79759 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. OCT I 8 2019

ORDER DISMISSING APPEAL By DEPUTY CLERK

This is a pro se appeal from a judgrnent of conviction. Eighth Judicial District Court, Clark County; Michael Villani, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on June 1, 2018. Appellant did not file the notice of appeal, however, until October 1, 2019, 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 appeal fails to vest jurisdiction in this court). Untimely appeals are allowed from judgments of conviction only when the procedure under NRAP 4(c) has been followed and the district court enters a written order finding that the petitioner has a valid appeal-deprivation claim and is entitled to a direct appeal. Accordingly, this court ORDERS this appeal DISMISSED.

, J. Hardesty

, J. SUPREME COURT Stiglich Silver OF NEVADA

(0) 1447A .;.• lei- 43100 1• I cc: Hon. Michael Villani, District Judge Rodney Wayne Berry Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk