Opinion
No. 63551
10-15-2014
EDWARD LATTIN, III, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 AND VACATING ORDER OF AFFIRMANCE
This is an appeal from a judgment of conviction, pursuant to an Alford plea, of reckless driving. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
On February 27, 2014, we entered an order affirming the judgment of conviction. Appellant subsequently filed a petition for rehearing and this court directed respondent to file an answer. The parties have since entered into a stipulation wherein appellant agreed to seek the voluntary dismissal of the appeal in this case and the State agreed to move the district court to modify appellant's sentence. Pursuant to that agreement, appellant has now filed a notice of voluntary withdrawal of this appeal.
It is not clear that NRAP 42(b) contemplates the filing of a notice of withdrawal of appeal after a dispositional order has been entered. Nevertheless, under the circumstances of this case, we grant the motion. See Suntharalinkam v. Keisler, 506 F.3d 822, 823 (9th Cir. 2007) (granting motion to dismiss petition for review and vacating panel opinion); Showtime/The Movie Channel, Inc. v. Covered Bridge Condominium Ass'n, 895 F.2d 711, 713-14 (11th Cir. 1990) (granting motion to dismiss appeal and vacate opinion where parties settled case, condition of settlement was dismissal of appeal, parties effectuated affirmance of district court's order, and parties did not disagree as to the terms of the settlement). This appeal is dismissed and the order of affirmance entered in this matter on February 27, 2014, is vacated.
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.
In light of this order, no action will be taken on the State's motion to hold supplemental briefing in abeyance.
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/s/_________, J.
Pickering
/s/_________, J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Kathleen E. Delaney, District Judge
Law Offices of John G. Watkins
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk