Opinion
No. 68223
09-09-2015
JAMES CURTIS IVEY, JR., 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Our preliminary review of this appeal revealed a jurisdictional defect. Specifically, it appeared the notice of appeal was untimely filed. The judgment of conviction was entered on May 12, 2015; the notice of appeal was therefore due by June 11, 2015. The notice of appeal in this matter was filed on June 12, 2015, one day after the expiration of the prescribed 30-day appeal period. See NRAP 4(b)(1)(A). Accordingly, on June 25, 2015, we ordered appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. See 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."). In response to the show-cause order, appellant's counsel concedes the appeal is untimely. Because the notice of appeal was not timely filed, we lack jurisdiction, and we
ORDER this appeal DISMISSED.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Stefany Miley, District Judge
Carmine J. Colucci & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk