Opinion
85896-COA
01-17-2024
LON ALLEN CLARK, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER VACATING PRIOR ORDER AND AMENDED ORDER DISMISSING APPEAL
Lon Allen Clark appeals from an amended judgment of conviction. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.
Clark's counsel filed a notice of voluntary withdrawal of this appeal, and this court entered an order dismissing appeal. Clark v. State, No. 85896-COA, 2023 WL 8662942 (Nev. Ct. App. Dec. 14, 2023) (Order Dismissing Appeal). We hereby vacate the order entered on December 14, 2023.
Counsel advises this court that she has informed Clark of the legal consequences of voluntarily withdrawing this appeal, including that Clark cannot hereafter seek to reinstate this appeal, and that any issues that were or could have been brought in this appeal are forever waived. Having been so informed, Clark consents to a voluntary dismissal of this appeal. Cause appearing, we VACATE our prior order and ORDER this appeal DISMISSED.
because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction petition for a writ of habeas corpus under NRS 34.726(1) shall commence to run from the date of this order.
Gibbons, C.J., Bulla, J., Westbrook, J.
Hon. Joseph Hardy, Jr., District Judge