Nunn (Sammie) Vs. State

486 P.3d 1289

• Court: Nevada Supreme Court
• Decided: May 21, 2021
• Docket: 82859
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SAMMIE NUNN, No. 82859 Appellant, vs. T1-114: STATE OP N.EVA DA, FILM Respondent. MAY ìJ 2021 EL 17..t.,IE A. BRZYNN cLEF REME COURT— ORDER DISMISSING APPEAL DEPUTY CLERK

This is a pro se appeal from a district court "judgement [sic] on writ of habeas corpus on November 5, 2019." Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically. the district court entered its order denying appellant's petition on November 20, 20:1.9. The district court served notice of entry of that order on appellant on November 21, 2019. Appellant did not file the notice of appeal, however, until April 29, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal i Is to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 94.4, 946 (1994). Accordingly, this court ORDERS this appeal DISMISSED.'

/41;•-$C."--° S4.1Z4Ce,i) Stiglich Silver

'Given this order, this court takes no action on the motion to stay filed on May 17, 2021.

z. cc: 'Hon. Mary Kay Holthus, District Judge Sammie Nunn Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT Of NEVADA 2 RR 1947A 41160..