Selander, Jr. (Lester) v. State

• Court: Nevada Supreme Court
• Decided: August 24, 2017
• Docket: 73370
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LESTER EUGENE SELANDER, JR., No. 73370 A/K/A SELANDER LESTER EUGENE, JR., Appellant, FILED vs. THE STATE OF NEVADA, Respondent. 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; Douglas Smith, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on April 24, 2017. The district court served notice of entry of that order on appellant on May 3, 2017, Appellant did not file the notice of appeal, however, until June 22, 2017, well after the expiration of the thirty-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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED. 1

AA; , J. Hardesty

ACtbal...0 Stiglich

SUPREME COURT 'In light of this order, we take no action on the pro se motion filed on OF NEVADA July 19, 2017. (0) 1947A e cc: Hon. Douglas Smith, District Judge Lester Eugene Selander, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 7e 2