JUAN MORALES v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is an appeal from a district court order revoking probation. Second Judicial District Court, Washoe County; Kathleen A. Sigurdson, Judge.

Preliminary review of this appeal revealed a potential jurisdictional defect. The order revoking probation was entered on May 5, 2025. However, the notice of appeal was not filed in the district court until June 11, 2025, 7 days after expiration of the 30-day appeal period prescribed by NRAP 4(b). Accordingly, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. See Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (“[A]n untimely notice of appeal fails to vest jurisdiction in this court.”).

In response, appellant's counsel represents that appellant's name does not appear on the notice of appeal log for Northern Nevada Correctional Center (where appellant previously resided) or Stewart Conservation Camp (where appellant was and is currently housed) during the relevant time period. Counsel submits that the postmark date on the notice of appeal, June 9, 2025, should control the jurisdictional analysis.

Appellant's notice of appeal was not timely filed in the district court. And counsel has not demonstrated that appellant delivered the notice of appeal to a prison official for mailing on or before the last day for filing. See NRAP 4(d). Accordingly, we lack jurisdiction and

ORDER this appeal DISMISSED.

Pickering, J.

Cadish, J.

Lee, J.