Davis (Emanuel) v. State

• Court: Nevada Supreme Court
• Decided: September 25, 2017
• Docket: 73420
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EMANUEL DAVIS, Appellant, No. 73420 FILED vs . SEP 25 2017 THE STATE OF NEVADA, ELLEARETH A BIOWN Respondent. CLERK OF SUPREM COURT

ORDER DISMISSING APPEAL BY 5.\/ DEPUTY CL

This is a direct appeal from a judgment of conviction. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. On July 26, 2017, this court issued an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that the notice of appeal was untimely filed. Appellant has filed a response to the order to show cause and respondent has filed a reply. In his response, appellant concedes that his notice of appeal was untimely filed, but requests that this court allow this appeal to proceed based on a "Doctrine of Leniency." This court is unable to grant discretionary extensions of time to file notices of appeal. See NRAP 26(b)(1)(A) ("the court may not extend the time to file a notice of appeal except as provided in [NRAP] 4(c)"). An 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, and no cause appearing, we ORDER this appeal DISMISSED.

,J. Hardesty

--C:L Parraguirre rr a ACtbaut) Stiglich , J.

SUPREME COURT OF NEVADA

(0) 1947A ce 17-32-ss2- cc: Hon. Kimberly A. Wanker, District Judge Mountain West Lawyers Attorney General/Carson City Nye County District Attorney Nye County Clerk

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