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Edwards v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 10, 2018
No. 77374 (Nev. Dec. 10, 2018)

Opinion

No. 77374

12-10-2018

CARL DEAN EDWARDS, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from district court orders denying a motion to modify sentence and denying a motion for further declaratory relief. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.

This court's review of this appeal reveals jurisdictional defects. The district court entered the order denying a motion to modify sentence on July 17, 2018. Appellant did not file the notice of appeal, however, until November 6, 2018, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[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). Further, no statute or court rule provides for an appeal from an order denying a motion for further declaratory relief. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). 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. Kimberly A. Wanker, District Judge

Carl Dean Edwards

Attorney General/Carson City

Nye County District Attorney

Nye County Clerk


Summaries of

Edwards v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 10, 2018
No. 77374 (Nev. Dec. 10, 2018)
Case details for

Edwards v. State

Case Details

Full title:CARL DEAN EDWARDS, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 10, 2018

Citations

No. 77374 (Nev. Dec. 10, 2018)