Opinion
No. 64921
02-20-2014
MICHAEL EDWARD TISDALE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 driving under the influence with two or more prior convictions. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.
The notice of appeal in this matter was filed on January 28, 2014, six days beyond the expiration of the 30-day appeal period prescribed by NRAP 4(b). Counsel for appellant asserts in the notice of appeal that she was not served with a copy of the judgment until she requested a copy from the district court and, by the time she became aware a judgment had been filed, the appeal period had already lapsed. "[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), and we cannot "extend the time to file a notice of appeal except as provided in [NRAP] 4(c)," NRAP 26(b)(1)(A). Because the notice of appeal was not timely filed, we lack jurisdiction and we
ORDER this appeal DISMISSED.
________________, J.
Pickering
________________, J.
Parraguirre
________________, J.
Saitta
cc: Hon. Nancy L. Porter, District Judge
Michael Edward Tisdale
Elko County Public Defender
Attorney General/Carson City
Elko County District Attorney
Elko County Clerk