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Xiao Ye Bai v. State

Supreme Court of Nevada
Dec 3, 2021
No. 83813 (Nev. Dec. 3, 2021)

Opinion

83813

12-03-2021

XIAO YE BAI, Appellant, v. THE STATE OF NEVADA, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered the judgment of conviction on September 10, 2021. Appellant did not file the notice of appeal, however, until November 16, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). This court lacks jurisdiction to entertain an untimely appeal. See Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). To the extent, if any, that appellant's appeal is in regard to the postconviction motion to withdraw a guilty plea, no decision, oral or written, has been made on the motion. Accordingly, this court

ORDERS this appeal DISMISSED.

PARRAGUIRRE, J., STIGLICH, J., SILVER, J.

HON. ERIC JOHNSON, DISTRICT JUDGE


Summaries of

Xiao Ye Bai v. State

Supreme Court of Nevada
Dec 3, 2021
No. 83813 (Nev. Dec. 3, 2021)
Case details for

Xiao Ye Bai v. State

Case Details

Full title:XIAO YE BAI, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Supreme Court of Nevada

Date published: Dec 3, 2021

Citations

No. 83813 (Nev. Dec. 3, 2021)