NICHOLAS MICHAEL BERREMAN v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from “the ORDER denying and/or dismissing the motion to correct illegal sentence under fraudulent charging document, JOC, and plea deal under recission ruled on the 1 day of June, 2023.” Ninth Judicial District Court, Douglas County; Thomas W. Gregory, Judge.

This court's review of this appeal reveals jurisdictional defects. On June 1, 2023, the district court entered an order denying appellant's motions for judicial notice and of plain error. But because no statute or court rule permits an appeal from an order denying motions for judicial notice and of plain error in a criminal matter, we lack jurisdiction over the June 1 order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Further, while the district court entered an order denying appellant's motion to correct illegal sentence by fraudulent contract, charging document, judgment of conviction and plea deals under recission on April 24, 2023, appellant's June 23, 2023, notice of appeal was filed 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). Accordingly, this court also lacks jurisdiction over the April 24 order. Therefore, this court

ORDERS this appeal DISMISSED.

Cadish, J.

Pickering, J.

Bell, J.