Braaten v. State

Nevada Supreme Court

Braaten v. State

443 P.3d 1123

Nevada Supreme Court·Decided July 9, 2019·No. No. 78952·Published

Opinion

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court "order denying motion to amend judgement of conviction." Third Judicial District Court, Lyon County; Leon Aberasturi, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion to amend the judgment of conviction on April 24, 2019. Appellant did not file the notice of appeal, however, until June 5, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court "order denying motion to amend judgement of conviction." Third Judicial District Court, Lyon County; Leon Aberasturi, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the order denying the motion to amend the judgment of conviction on April 24, 2019. Appellant did not file the notice of appeal, however, until June 5, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

Braaten v. State, 443 P.3d 1123 (Neb. 2019).

Pincite

443 P.3d 1123 (Braaten v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related