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Kirk v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 13, 2014
No. 64485 (Nev. Mar. 13, 2014)

Opinion

No. 64485

03-13-2014

DEREK LOWELL KIRK, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 robbery with the use of a deadly weapon, eluding a police officer, and assault with a deadly weapon. Second Judicial District Court, Washoe County; David A. Hardy, Judge.

We lack jurisdiction because the notice of appeal was not filed until November 15, 2013, well beyond the expiration of the 30-day appeal period prescribed by NRAP 4(b)(1)(A), 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."), therefore we

ORDER this appeal DISMISSED.

___________________, J

Hardesty
___________________, J
Douglas
___________________, J
Cherry
cc: Hon. David A. Hardy, District Judge

Derek Lowell Kirk

Michael V. Roth

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk


Summaries of

Kirk v. State

SUPREME COURT OF THE STATE OF NEVADA
Mar 13, 2014
No. 64485 (Nev. Mar. 13, 2014)
Case details for

Kirk v. State

Case Details

Full title:DEREK LOWELL KIRK, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Mar 13, 2014

Citations

No. 64485 (Nev. Mar. 13, 2014)

Citing Cases

Kirk v. State

Kirk's direct appeal was dismissed for lack of jurisdiction because the notice of appeal was untimely filed.…