Sanderson (Donald) Vs. State

• Court: Nevada Supreme Court
• Decided: August 30, 2019
• Docket: 79302
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DONALD RAY SANDERSON, No. 79302 Appellant, vs. FiL THE STATE OF NEVADA, Respondent. AUG 3 0 2019 EU7-ABETH 4. BROWN CLERK QF :FREME COURT BY DEP61Y CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a motion for amended judgment of conviction to include jail time credits. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's motion on February 4, 2019. Appellant did not file the notice of appeal, however, until July 22, 2019, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[MI 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, this court ORDERS this appeal DISMISSED.'

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CLitor",*'" Parraguirre Cadish

'Given this order, this court takes no action on the pro se motions filed on August 9, 2019. SUPREME COURT OF NEVADA

(0) 1947A

-30-1(0 cc: Hon. Robert W. Lane, District Judge Donald Ray Sanderson Attorney General/Carson City Nye County District Attorney Nye County Clerk