Moe (Michael) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL JOHN MOE,• No. 80217 Appellant,

vs.

THE STATE OF NEVADA,

Respondent. JAW ! 6 2020 EL.WiRET.H A. EriVN

COURT

BY

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion to modify sentence. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.

This court's review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered the order denying the motion to modify sentence on November 5, 2019. Appellant did not file the notice of appeal, however, until December 10, 2019, 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 lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

A<tba,t) J.

Stiglich Silver

SUPFIEME COURT OF NEVADA

(0) I947A a2 wig cc: Hon. Lynne K. Simons, District Judge Michael John Moe Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A

2

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