Durand (Roberto) Vs. State

• Court: Nevada Supreme Court
• Decided: April 29, 2021
• Docket: 82737
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERTO C. DURAND, No. 82736

vs. Appellant, FILE THE STATE OF NEVADA, APR 2 9 20 Respondent. ELIZABETH A. BRC NN CLERK OF SUPREME ;OURT •

ROBERTO C. DURAND, No. 82737 DEPUTY CLERS

Appellant, vs. THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEALS

These are pro se appeals from a district court order denying a motion to modify sentence. This court's review of these appeals reveals a jurisdictional defect. Specifically, the district court entered the order denying a motion to modify sentence on December 10, 2020. Appellant did not file the notices of appeal, however, until April 5, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Because 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), this court lacks jurisdiction to consider these appeals, and ORDERS these appeals DISMISSED.

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6,K1 , J. Cadish

SUPREME COURT OF NEVADA Pickering Pick. Herndon J

(C)) 1947A .figeP r- 12.31-13 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 32 Roberto C. Durand Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk