Owens (Darian) Vs. State
This text of Owens (Darian) Vs. State (Owens (Darian) Vs. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DARIAN CHRISTOPHER OWENS, No. 83273 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED AUG 11 2021 BRAD A. BROWN CLERK OF PREME COURT BY 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. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 26, 2020. The district court served notice of entry of that order on appellant on October 28, 2020. Appellant did not file the notice of appeal, however, until July 21, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b); Lozada u. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). In addition, that order was SUPREME COURT already appealed, and the Court of Appeals affirmed the decision in Docket Of NEVADA No. 82171-COA. A second duplicate appeal may not proceed. Accordingly, this court ORDERS this appeal DISMISSED.
rraguirre
J Zi/444 J. Stiglich Silver
cc: Hon. Cristina D. Silva, District Judge Darian Christopher Owens Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA
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