Hayes (Daveon) Vs. State

• Court: Nevada Supreme Court
• Decided: November 24, 2021
• Docket: 83718
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVEON KYREE HAYES, No. 83718 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. NOV 2 k 2021 EL112,BE 4 A. BROWN CLE PREME COURT

ORDER DISMISSING APPEAL DLPU cLERK

This is a pro se appeal "from an order dismissing appeal, pertaining to Supreme Court Case No. 83421, stemming from District Court Case No. A819719; C320174/Case No. A 20-819719-W." This court's review of this appeal reveals a jurisdictional defect. Specifically, no statute or court rule provides for an appeal from this court's order dismissing the appeal in Docket No. 83421. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that this court has jurisdiction only when statute or court rule provides for an appeal). To the extent that appellant's appeal is in regard to the findings of fact, conclusions of law, and order entered on October 8, 2020, the notice of appeal was untimely filed. Lozackt v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (stating that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court ORDERS this appeal DISMISSED.

J. Pickering Herndon

7:3716 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 3 Daveon Kyree Hayes Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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