Marquez (Eduardo) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EDUARDO MARQUEZ, No. 73482 Appellant,

vs.

THE STATE OF NEVADA, FILED Respondent.

SEP 2 5 2017 ELIZABETH A. BROWN CLEFtK F UPREME COURT

ORDER DISMISSING APPEAL BY DEPUTY CLERK

This is a pro se appeal from an amended judgment of conviction.

Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Our review of this appeal reveals a jurisdictional defect.

Specifically, it appears that appellant is not aggrieved by the amended judgment of conviction. See NRS 177.015 (only an aggrieved party may appeal). To the extent that appellant appeals from the order denying a postconviction petition for a writ of habeas corpus, the notice of appeal was untimely filed. NRAP 4(b); NRS 34.575(1); NRAP 26(a); NRAP 26(c). "[Ain 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, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Hardesty

ISOr Alta sew() Parraguirre Stiglich

SUPREME COURT OF NEVADA

10) 1947A 4ga#17 17- 3235‘t cc: Hon. William D. Kephart, District Judge Eduardo Marquez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947T se° 2