Fletcher (Terrell) Vs. State

476 P.3d 441

• Court: Nevada Supreme Court
• Decided: November 24, 2020
• Docket: 81851
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TERRELL JAMES FLETCHER, No. 81851 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED NOV 2t 2020 EU7.117 ti 13R0`1,474 CLEP F COURT

DEPUTY CLERK

ORDER DISMISSING APPEAL This is an appeal from a judgment of conviction. Second Judicial District Court, Washoe County; David A. Hardy, Judge. On October 16, 2020, 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's counsel has filed a response to the order to show cause wherein he indicates that he miscalendared the date for filing the notice of appeal.1 The judgment of conviction was entered on August 24, 2020. However, the notice of appeal was not filed until September 24, 2020, one day after the expiration of the 30-day appeal period prescribed by NRAP 4(b). The notice of appeal is untimely, and this court lacks jurisdiction to consider this appeal. See Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944,

'Appellanes motion to late-file the response to the order to show cause and the docketing statement is granted. The response and docketing statement were filed on November 19, 2020. SUPREME COURT oç NEVADA

(0) 1947A OSEP. -Lo •r.:' • 946 (1994) ("[A]n untimely notice of appeal fails to vest jurisdiction in this court."). Accordingly, this court ORDERS this appeal DISMISSED.

,41 4sa,--0 J. J. Stiglich Silver

cc: Hon. David A. Hardy, District Judge David Kalo Neidert Attorney General/Carson City Washoe County District Attorney Attorney General/Ely Washoe District Court Clerk

SUPREME COURT OF NEVADA

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