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JAVIER RICO TORRES v. THE STATE OF NEVADA (2022)

Supreme Court of Nevada.2022-12-22No. No. 85740

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Opinion

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Lynne K. Simons, District Judge.

This courts review of this appeal reveals a jurisdictional defect. Specifically, the notice of appeal was untimely filed. The district court entered the judgment of conviction on September 23, 2020. Appellant did not file the notice of appeal, however, until November 23, 2022, well after the expiration of the 30-day appeal period prescribed by 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), overruled on other grounds by Rippo v. State, 134 Nev. 411, 426 n.18, 423 P.3d 1084, 1100 n.18 (2018). Accordingly, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

1

Cadish, J.

Pickering, J.

Gibbons, Sr. J.

FOOTNOTES

1

.   The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment.