From Casetext: Smarter Legal Research

Miller v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 26, 2018
No. 76229 (Nev. Jul. 26, 2018)

Opinion

No. 76229

07-26-2018

TRE RONDEL MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying in part and granting in part a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying in part and granting in part appellant's petition on April 13, 2018. The district court served notice of entry of that order on appellant on April 19, 2018. Appellant did not file the notice of appeal, however, until June 21, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

/s/_________, J.

Cherry /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Hon. Tierra Danielle Jones, District Judge

Tre Rondel Miller

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Miller v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 26, 2018
No. 76229 (Nev. Jul. 26, 2018)
Case details for

Miller v. State

Case Details

Full title:TRE RONDEL MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 26, 2018

Citations

No. 76229 (Nev. Jul. 26, 2018)