Dominguez (Hector) Vs. State

• Court: Nevada Supreme Court
• Decided: February 4, 2020
• Docket: 80332
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

HECTOR DARIO DOMINGUEZ, No. 80332 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. FEB 0 4 2020 BROWN

ORDER DISMISSING APPEAL BY DEPUTY CLERK

This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Valerie Adair, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 31, 2019. The district court served notice of entry of that order on appellant on November 4, 2019. Appellant did not file the notice of appeal, however, until December 27, 2019, 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.

Parraguirre

‘. . J. Hardesty Cadish Somme COURT OF itiEVADA

(0) I947A 060 lo-eirbtr 1=r- MEW cc: Hon. Valerie Adair, District Judge Hector Dario Dominguez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 2

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