COREY MICHAEL KALATA v. THE STATE OF NEVADA (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court filed the judgment of conviction on September 5, 2023. Appellant did not file the notice of appeal, however, until December 20, 2023, well after the expiration of the 30-day appeal period. See NRAP 4(b)(1); 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 and

ORDERS this appeal DISMISSED.¹

Stiglich, J.

Pickering, J.

Parraguirre, J.

FOOTNOTES

1.   Given this order, we take no action on the pro se letter filed on January 16, 2024. Although the letter and appellant's notice of appeal indicate that appellant's attorney failed to file a notice of appeal as directed, appellant has not demonstrated that he complied with NRAP 4(c)’s procedures governing untimely direct appeals and obtained a court order validating any appeal-deprivation claim.