Dentler (Barry) Vs. State

• Court: Nevada Supreme Court
• Decided: May 8, 2020
• Docket: 79210
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BARRY MICHAEL DENTLER, No. 79210 Appellant, VS.

THE STATE OF NEVADA, Respondent.

FILED MAY 0 8 2320

M r.; 17 41 9CI.C61R BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge. On December 28, 2019, counsel for appellant filed a suggestion of appellant's death on the record. On January 16, 2020, this court entered an order instructing that appellant's personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 by April 15, 2020, if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 158, 160 (1951) (Upon the death of a party . . . the [action] cannot proceed until someone is substituted for the decedent . . ."). This court cautioned that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. at 530, 306 P.3d at 395. To date, no personal representative has filed a motion SUPREME COURT OF NEVADA

(0) 1947A .4843. 20 - for substitution or otherwise communicated with this court. Accordingly, this court ORDERS this appeal DISMISSED.

Parraguirre

AP4 A 6t0f\-' Hardesty Cadish

cc: Hon. Robert W. Lane, District Judge Brent D. Percival Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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