Brown (Edward) Vs. State

479 P.3d 531

• Court: Nevada Supreme Court
• Decided: February 1, 2021
• Docket: 82366
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EDWARD EVERETT BROWN, No. 82366 Appellant, vs. THE STATE OF NEVADA, Respondent. FILE ,11

FEB 0 1 2021 EliZABETH A. BROWN CLERK OF S MD.& COURT BY-S DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on May 11, 2020. Appellant did not file the notice of appeal, however, until January 14, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). 1 Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994)

lIt appears that appellant's notice of appeal may have been delivered to a prison official for mailing on September 15, 2020. See NRAP 4(d) (providing that when "an inmate confined in an institution files a notice of appeal in either a civil or criminal case, the notice is timely if it is delivered to a prison official for mailing on or before the last day for filing."). However, even considering this September date, appellant's notice of appeal is still significantly untimely. SUPREME COURT OF NEVADA

(0) I 917A .4.6t. (explaining that an untimely appeal fails to vest jurisdiction in this court). Accordingly, this court ORDERS this appeal DISMISSED.

Parraguirre

, J. Stiglich Silver

cc: Hon. Michelle Leavitt, District Judge Edward Everett Brown Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1997A 0142491, 2