Opinion
No. 64109
10-31-2013
DANIEL OWENS, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a judgment of conviction, pursuant to a guilty plea, of conspiracy to commit robbery. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
We lack jurisdiction because the notice of appeal was filed in the district court on September 26, 2013, well after the 30-day appeal period prescribed by NRAP 4(b). Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) ("[A]n untimely notice of appeal fails to vest jurisdiction in this court."). We also lack jurisdiction to the extent that appellant is attempting to appeal from the amended judgment of conviction entered January 15, 2013, the order denying his motion to modify sentence entered on July 10, 2013, or the order denying his motion for reconsideration entered September 16, 2013. The appeal is untimely as to the amended judgment of conviction and July 10, 2013, order, see NRAP 4(b); a motion for reconsideration is not a tolling motion; and an order denying a motion for reconsideration is not appealable, see Phelps v. State, 111 Nev. 1021, 900 P.2d 344 (1995); Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (where no statute or court rule provides for appeal, no right to appeal exists). Therefore, we
ORDER this appeal DISMISSED.
________________, J.
Hardesty
________________, J.
Parraguirre
________________, J.
Cherry
cc: Hon. Michael Villani, District Judge
Daniel Owens
Carl E. G. Arnold
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk