NEGRI II v. STATE (2021)

ORDER DISMISSING APPEAL

Our review of this appeal reveals jurisdictional defects. First, the district court filed its notice of entry of order denying the postconviction petition on June 10, 2019. The notice of appeal was due on or before July 15, 2019. See NRAP (4)(b)(1)(A) (providing 30 days to file an appeal); NRAP 26(c) (providing an additional three days); NRAP 26(a)(1)(C) (providing that. if the last day of a period falls on a Saturday, the period continues to run until the end of the next court day). Negri's notice of appeal was not filed until July 17, 2019. Thus, his notice of appeal was not timely filed. “[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), overruled on other grounds by Rippo v. State, 134 Nev. 411, 426, 423 P.3d 1084, 1100 (2018).

Second, because no statute or court rule permits an appeal from an order declining a stipulation to amend a judgment of conviction, we lack jurisdiction. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990).

Because we lack jurisdiction to consider Negri's appeal, we

ORDER this appeal DISMISSED.