Opinion
No. 61862.
12-17-2012
Matthew Eric DONEY, Jr., Appellant, v. The STATE of Nevada, Respondent.
State Public Defender/Ely State Public Defender/Carson City Attorney General/Carson City Eureka County District Attorney
State Public Defender/Ely
State Public Defender/Carson City
Attorney General/Carson City
Eureka County District Attorney
ORDER DISMISSING APPEAL
This is an appeal from a district court order revoking probation and imposing sentence. Seventh Judicial District Court, Eureka County; Dan L. Papez, Judge.
Because the notice of appeal was filed four days after the expiration of the 30–day appeal period prescribed by NRAP 4(b), we ordered appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, appellant's counsel asserts that this court should deem the notice of appeal timely filed pursuant to Kellogg v. Journal Communications, 108 Nev. 474, 835 P.2d 12 (1992) because appellant delivered his request for an appeal to prison authorities for filing within the relevant appeal period. Counsel's reliance on Kellogg is misplaced because appellant sent the document to his counsel rather than the district court, the document was not a notice of appeal, and the notice of appeal was filed by counsel. Because the notice of appeal was not timely filed, we lack jurisdiction, see Lozada v. State, 110 Nev. 349, 352 871 P.2d 944, 946 (1994), and we
ORDER this appeal DISMISSED.