Houston (Matthew) Vs. State

• Court: Nevada Supreme Court
• Decided: September 10, 2019
• Docket: 79408
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MATTHEW TRAVIS HOUSTON, No. 79408 Appellant, vs. THE STATE OF NEVADA, Respondent.

SFP I nv aEsx impuryti3E.

ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Michael Villani, Judge. Appellant filed a notice of appeal on August 12, 2019. In his notice of appeal, appellant states that he is requesting "an order granting him permission to directly appeal his conviction." The district court entered the judgment of conviction on January 15, 2019. Appellant did not file the notice of appeal, however, until August 12, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Thus, the notice of appeal was untimely filed. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (an untimely notice of appeal fails to vest jurisdiction in this court). Untimely appeals are allowed from judgments of conviction only when the procedure under NRAP 4(c) has been followed and the district court enters a written order finding that the petitioner has a valid appeal-

SUPREME COURT

/9-37rqr OF NEVADA

(0) 1947A AD. deprivation claim and concluding that the petitioner is entitled to a direct appeal. Accordingly, this court ORDERS this appeal DISMISSED.'

Pickering

-940kelmmilketirrjr" J. Parraguirre Cadish

cc: Hon. Michael Villani, District Judge Matthew Travis Houston Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'Given this dismissal, this court takes no action in regard to the motion filed on September 4, 2019, and the document filed September 6, 2019.