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Benavides v. State

Supreme Court of Nevada
Sep 22, 2022
No. 85335 (Nev. Sep. 22, 2022)

Opinion

85335

09-22-2022

CRISTOBAL BENAVIDES, Appellant, v. THE STATE OF NEVADA, Respondent.

Cristobal Benavides Attorney General/Carson City Clark County District Attorney


UNPUBLISHED OPINION

Cristobal Benavides Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on June 2, 2022. The district court served notice of entry of that order on appellant on June 6, 2022. Appellant did not file the notices of appeal, however, until September 6, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

Hardesty, J. Stiglich, J. Herndon, J.


Summaries of

Benavides v. State

Supreme Court of Nevada
Sep 22, 2022
No. 85335 (Nev. Sep. 22, 2022)
Case details for

Benavides v. State

Case Details

Full title:CRISTOBAL BENAVIDES, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Supreme Court of Nevada

Date published: Sep 22, 2022

Citations

No. 85335 (Nev. Sep. 22, 2022)