Williams (Kelvin) v. State

Nevada Supreme Court·Decided June 30, 2022·No. 84791·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KELVIN LEE WILLIAMS, No. 84791 Appellant,

vs.

THE STATE OF NEVADA,

FILE

Res ondent. JUN 30 2022 ELIZABETH A_ BROWN CLERK(

ff PREME COURT

DEPU1

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court served notice of entry of the order denying a petition for writ of habeas corpus on April 30, 2020. Appellant did not file the notice of appeal, however, until May 9, 2022, 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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J. J.

Stiglich

SUPREME COURT OF NEVADA

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cc: Hon. Monica Trujillo, District Judge Kelvin Lee Williams Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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Related

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