Opinion
83273
08-12-2021
DARIAN CHRISTOPHER OWENS, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge.
This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 26, 2020. The district court served notice of entry of that order on appellant on October 28, 2020. Appellant did not file the notice of appeal, however, until July 21, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b); Lozada. v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). In addition, that order was already appealed, and the Court of Appeals affirmed the decision in Docket No. 82171-COA. A second duplicate appeal may not proceed. Accordingly, this court
ORDERS this appeal DISMISSED.
Parraguirre J., Stiglich J., Silver J.
Hon. Cristina D. Silva, District Judge