Brown (Mykel) Vs. State

480 P.3d 837

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MYKEL TYREL BROWN, No. 82406 Appellant,

vs.

THE STATE OF NEVADA, FILED Respondent.

FEB 1 8 2021 ELIZABEM A. BROWN CLERK gF SUMAC COW BY S.\/

DEPUT

irdta.1"

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion to modify and/or correct an illegal sentence.

This court's review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered the order denying a motion to modify and/or correct an illegal sentence on October 21, 2020. Appellant did not file the notice of appeal, however, until December 15, 2020, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[Aln untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

,J

Cadish

P wo J. J.

Pickering Herndon

SUPREME COURT Of NEVADA

1947A 4164m, ,2)-CV-17 8 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District. Court, Department 21 Mykel Tyrel Brown Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk