Sharp (Mark) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARK LEONARD SHARP, No. 84237 Appellant,

vs.

THE STATE OF NEVADA,

FILED

Respondent. APR 0 7 2022 A. BROWN

ORDER DISMISSING APPEAL DEPUTY CLEM

This is a pro se appeal from a postconviction motion to withdraw a guilty plea. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.

This court's review of this appeal reveals a jurisdictional defect.

The notice of appeal was untimely filed. See NRAP 26(a); NRAP 26(c); see also Edwards v. State, 112 Nev. 704, 918 P.2d 321 (1996). The district court entered its order denying the motion on January 10, 2022. However, appellant did not file the notice of appeal until February 11, 2022, two days beyond the relevant appeal period. See NRAP 4(b). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

, J.

Hardesty

A'Cutbau.-0 ,J J.

SUPREME COURT Stiglich Herndon OE NEVADA

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cc: Hon. Michael Montero, District Judge Mark Leonard Sharp Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk

SUPREME COURT OF NEVADA

(0) I947A