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Perez v. State

SUPREME COURT OF THE STATE OF NEVADA
Feb 26, 2018
No. 74902 (Nev. Feb. 26, 2018)

Opinion

No. 74902

02-26-2018

ORESTE PEREZ, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a district court denying a postconviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on July 12, 2017. The district court served notice of entry of that order on appellant on July 13, 2017. Appellant did not file the notice of appeal, however, until January 16, 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.

Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. William D. Kephart, District Judge

Oreste Perez

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Perez v. State

SUPREME COURT OF THE STATE OF NEVADA
Feb 26, 2018
No. 74902 (Nev. Feb. 26, 2018)
Case details for

Perez v. State

Case Details

Full title:ORESTE PEREZ, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 26, 2018

Citations

No. 74902 (Nev. Feb. 26, 2018)