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BENAVIDES v. STATE (2022)

Supreme Court of Nevada.2022-09-22No. No. 85335

Authorities cited

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Opinion

ORDER DISMISSING APPEAL

This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. This courts review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellants petition on June 2, 2022. The district court served notice of entry of that order on appellant on June 6, 2022. Appellant did not file the notices of appeal, however, until September 6, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. 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). Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.