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Durfey v. State

SUPREME COURT OF THE STATE OF NEVADA
Feb 8, 2018
No. 74738 (Nev. Feb. 8, 2018)

Opinion

No. 74738

02-08-2018

ALEXANDER DURFEY, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

Appellant filed a notice of appeal on December 12, 2017. The notice of appeal does not specifically identify any judgments of the district court. To the extent that appellant's appeal is in regard to his postconviction petition for a writ of habeas corpus, no decision had been made on the petition at the time appellant filed his notice of appeal. To the extent appellant appeals from the October 20, 2017, order for revocation of probation and amended judgment of conviction, the appeal is untimely. "[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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

/s/_________, J.

Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. Douglas W. Herndon, District Judge

Alexander Durfey

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Durfey v. State

SUPREME COURT OF THE STATE OF NEVADA
Feb 8, 2018
No. 74738 (Nev. Feb. 8, 2018)
Case details for

Durfey v. State

Case Details

Full title:ALEXANDER DURFEY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 8, 2018

Citations

No. 74738 (Nev. Feb. 8, 2018)