Caro (Alberto) v. State

• Court: Nevada Supreme Court
• Decided: April 29, 2022
• Docket: 84151
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALBERTO TORRES CARO, No. 84151 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. APR 2 9 2022 ELIZABETH A. BROWN CLERK511FNPREME COURT BY DEPUTYERX ORDER DISMISSING APPEAL This is an appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge. Initial review of the notice of appeal revealed a jurisdictional defect. Specifically, appellant's notice of appeal was untimely. The judgment of conviction was entered December 21, 2021, but appellant's notice of appeal was not filed until January 24, 2022, 4 days after the expiration of the appeal period prescribed by NRAP 4(b). Accordingly, this court directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. In response to the order to show cause, appellant's counsel agrees that this appeal should be dismissed. "[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). This court lacks jurisdiction over this appeal and ORDERS this appeal DISMISSED.

, J. Hardesty

, J. SUPREME COURT Stiglich Herndon OF NEVADA

K.19 1947A ciabs. 4A- 13 " cc: Hon. Kathleen M. Drakulich, District Judge Alberto Torres Caro Law Office of William J. Routsis II, Esq. Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

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