Vidal (Francisco) Vs. State
This text of Vidal (Francisco) Vs. State (Vidal (Francisco) Vs. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
FRANCISCO ENRIQUE VIDAL, No. 83265 Appellant, VS.
THE STATE OF NEVADA, FILE Respondent. AUG 1 2 2021 TH A. BROWN CLE UPRE ORDER DISMISSING APPEAL BY purr cLERK This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Eric Johnson, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on February 22, 2021. The district court served notice of entry of that order on appellant on February 24, 2021. Appellant did not file the notices of appeal, however, until July 20, 2021, well after the expiration of the 30-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, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.
J. arraguirre
J. Stiglich Silver SUPREME COURT OF NEVADA
(01 I)47A . , 6aaps. 11-119i 6 • cc: Hon. Eric Johnson, District Judge Francisco Enrique Vidal Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA
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