Owens (Darian) Vs. State

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

tU 1947A diSDIP