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Arias v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 1, 2013
No. 62633 (Nev. Mar. 1, 2013)

Opinion

No. 62633

03-01-2013

MELISSA ARIAS A/K/A ELIZABETH KAY CARLEY, Appellants, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123

ORDER DISMISSING APPEAL

This is an appeal from a purported district court order resolving a "post conviction habeas corpus" writ petition. Eighth Judicial District Court, Clark County; James M. Bixler, Judge.

Our review of this proper person appeal reveals a jurisdictional defect. Specifically, appellant appeals from a non-existent order. Review of the district court docket and minute entries indicate that no petition for a post-conviction writ of habeas corpus was filed and no written order was entered resolving the purported petition. To the extent that appellant appeals from the order revoking probation entered on December 18, 2012, the appeal is untimely. NRAP 4(b)(1)(A) (30-day appeal period commences from date judgment is entered). We lack jurisdiction to consider this appeal, see Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), therefore we

ORDER this appeal DISMISSED.

_______________, J.

Hardesty
_______________, J.
Parraguirre
_______________, J.
Cherry
cc: Hon. James M. Bixler, District Judge

Brent D. Percival

Melissa Arias

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Arias v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 1, 2013
No. 62633 (Nev. Mar. 1, 2013)
Case details for

Arias v. State

Case Details

Full title:MELISSA ARIAS A/K/A ELIZABETH KAY CARLEY, Appellants, v. THE STATE OF…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Mar 1, 2013

Citations

No. 62633 (Nev. Mar. 1, 2013)