Opinion
84151
04-29-2022
ALBERTO TORRES CARO, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is an appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.
Initial review of the notice of appeal revealed a jurisdictional defect. Specifically, appellant's notice of appeal was untimely. The judgment of conviction was entered December 21, 2021, but appellant's notice of appeal was not filed until January 24, 2022, 4 days after the expiration of the appeal period prescribed by NRAP 4(b). Accordingly, this court directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction.
In response to the order to show cause, appellant's counsel agrees that this appeal should be dismissed. "[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). This court lacks jurisdiction over this appeal and
ORDERS this appeal DISMISSED.
HARDESTY, J., STIGLICH, J., HERNDON, J.
HON. KATHLEEN M. DRAKULICH, DISTRICT JUDGE