Ofeldt (James) Vs. State

484 P.3d 949

• Court: Nevada Supreme Court
• Decided: April 8, 2021
• Docket: 82677
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES DAVID OFELDT, No. 82677 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED APR 0 8 2021 ELIZABECH A. BROWN CLERK Or SUPREME COURT BY S DEPUTV CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on November 4, 2020. The district court served notice of entry of that order on appellant on the same date. Appellant did not file the notice of appeal, however, until March 23, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[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). To the extent that appellant's appeal is in regard to the order denying a motion for proper procedure, no statute or court rule

SUPREME COURT permits an appeal from such an order. Phelps v. State, 111 Nev. 1021, 1022— OF NEVADA

(01 1941A 44kArc, 23, 900 P.2d 344, 344-45 (1995); Castillo u. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

—19..X.L.Stiprtie. ""marg ,• Parraguirre i

, J. J. Stiglich Silver

cc: Chief Judge, Second Judicial District Court Second Judicial District Court, Department 10 James David Ofeldt Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

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