CROMWELL v. STATE (2024)

Supreme Court of Nevada.

Forrest Kent CROMWELL, Appellant, v. The STATE of Nevada, Respondent.

No. 89360

Decided: October 03, 2024

Washoe County Alternate Public Defender Attorney General/Carson City Washoe County District Attorney

ORDER DISMISSING APPEAL

This court's review of this appeal revealed a jurisdictional defect. Specifically, the notice of appeal appeared to be untimely filed. The judgment of conviction was filed on August 20, 2024, however, the notice of appeal was not filed until September 20, 2024, one day 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 issued an order to show cause, directing appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. In response to the order to show cause, appellant's counsel concedes that the notice of appeal was untimely filed. Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

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