Stapleton (Troy) Vs. State

Nevada Supreme Court·Decided April 9, 2020·No. 80860·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TROY EDWARD STAPLETON, No. 80860 Appellant,

vs.

THE STATE OF NEVADA, FILED Respondent.

ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on May 7, 2019. Appellant did not file the notice of appeal, however, until March 16, 2020, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[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.

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cc: Hon. Kathleen E. Delaney, District Judge Troy Edward Stapleton Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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Related

Lozada v. State
871 P.2d 944 (Nevada Supreme Court, 1994)