DEADRIN CHANEL CARTER v. THE STATE OF NEVADA (2024)

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. When preliminary review of this appeal revealed a potential jurisdictional defect, this court ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. Specifically, the notice of appeal appears to be untimely filed as the judgment of conviction was filed in the district court on January 19, 2024, and the notice of appeal was filed in the district court on February 23, 2024, after the expiration of the 30-day appeal period prescribed by NRAP 4(b).

Appellant argues that the untimely notice of appeal should be allowed to proceed due to excusable neglect, however, the time requirement for filing a notice of appeal is jurisdictional and essential to perfect an appeal, and an untimely notice of appeal fails to vest jurisdiction in this court. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 94, 946 (1994); see NRAP 26(b)(1)(A) (providing that this court may not extend the time to file a notice of appeal, except as provided in NRAP 4(c), which is not applicable here) Accordingly, this court lacks jurisdiction and we.

ORDER this appeal DISMISSED.

Stiglich, J.

Pickering, J.

Parraguirre, J.