Martinez (Antonio) Vs. State

• Court: Nevada Supreme Court
• Decided: April 1, 2020
• Docket: 80785
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTONIO MARTINEZ, No. 80785 Appellant, vs THE STATE OF NEVADA, FILED Respondent. APR 0 1 2020 A. BROWN CLERK COURT

ORDER DISMISSING APPEAL BV EPUTY CLERK

This is a pro se appeal from a judgment of conviction, an amended judgment of conviction, and an order revoking probation and second amended judgment of conviction. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely. The judgment of conviction was entered on July 27, 2017, the amended judgment of conviction on May 28, 2019, and the order revoking probation and second amended judgment of conviction on October 1, 2019. However, the notice of appeal was not filed until March 9, 2020, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[A]n 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, this court ORDERS this appeal DISMISSED.

044:44-0 Stiglich Silver

- IZ cc: Hon. Tierra Danielle Jones, District Judge Antonio Martinez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) I947A atelt, 2 VES. a.