Perez-Marquez (Oscar) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

OSCAR PEREZ-MARQUEZ, No. 73417 Appellant,

vs.

THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF

FILED

CORRECTIONS; JAMES DZURENDA; JUL 3 1 2017 AND BRIAN E. WILLIAMS, SR., ELIZABETH A. BROWN CLERJçpP SUPREME COURT

Respondents.

BY -

DEPUTY CLE

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; Linda Marie Bell, Judge.

Our review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered its order denying appellant's petition on March 7, 2017. The district court served notice of entry of that order on appellant on March 13, 2017. Appellant did not file the notice of appeal, however, until June 28, 2017, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "Rh 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, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

, J.

Dougla

, J.

SUPREME COURT OF NEVADA

(0) 1947A 4:failjea 252.37 cc: Hon. Linda Marie Bell, District Judge Oscar Perez-Marquez Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVPOP 2 (0) 1947A