PACKARD v. STATE (2024)

ORDER DISMISSING APPEAL

The district court entered the judgment of conviction on June 3, 2024. Appellant's notice of appeal was therefore due by July 3, 2024. See NRAP 4(b); Edwards v. State, 112 Nev. 704, 918 P.2d 321 (1996). Appellant's notice of appeal, however, was not filed in the district court until August 21, 2024, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). And in response to this court's order to show cause why the appeal should not be dismissed for lack of jurisdiction, appellant responded that there is no log documentation to prove that the pro se notice of appeal, dated August 15, 2024, was mailed out prior to the expiration of the 30-day appeal period.

“[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). Appellant has not demonstrated that he timely filed his notice of appeal. Nor has appellant demonstrated that an untimely appeal was excused under the procedure outlined in NRAP 4(c). Accordingly, this court lacks jurisdiction, and therefore we

ORDER this appeal DISMISSED.