Cepero (Billy) v. State

• Court: Nevada Supreme Court
• Decided: December 2, 2022
• Docket: 85652
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BILLY CEPERO, No. 85652 Appellant, vs. THE STATE OF NEVADA, HLE '

Respondent. DEC 0 2 2021 ELIZAB A. BROWN CI. OF UPREME COURT

ORDER DISMISSING APPEAL CLERK

This is a pro se appeal from an order of the district court denying a "motion to request the inclusion of the presentence time spent in custody to be reflected on an amended judgment of conviction." This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's motion on October 31, 2019. Appellant did not file the notices of appeal, however, until November 8, 2022, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). See Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court ORDERS this appeal DISMISSED.1

e:3N. , J. Cadish

, J. , Sr.J.

'The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA

), 1.147A 7 z- vt-ci (18 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 3 Billy Cepero Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk