Cano (Steven) Vs. State

481 P.3d 1254

• Court: Nevada Supreme Court
• Decided: March 8, 2021
• Docket: 82462
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

STEVEN EDWARD CANO, No. 82462 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. MAR 0 8 2021 I ELIZABET A ARC'WN CM -4 OF S ' a*. COURT By "- DEP CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal frorn a district court order 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 October 29, 2020. The district court served notice of entry of that order on appellant on November 2, 2020. Appellant did not file the notice of appeal, however, until February 6, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n 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.

Cadish

Hern SUPREME COURT OF NEVADA

401 1947A 441104x. cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 15 Eighth Judicial District Court, Department 23 Steven Edward Canc. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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