CHRISTOPH ANDERSON CHRISTOPHER ANDERSON v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is a pro se appeal from a judgment of conviction that is subject to this court's fast track under NRAP 3C. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

The district court entered the judgment appealed from on March 20, 2025. The notice of appeal was not filed until May 1, 2025, well after the 30-day appeal period prescribed by NRAP 4(c). On June 18, 2025, this court ordered counsel for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response to the order to show cause, counsel for appellant argues that this court should consider the appeal timely because “Appellant's Notice of Appeal is dated April 10, 2025, and the Certificate of Service is also dated April 10, 2025.” However, counsel provides no documentation indicating that appellant utilized the prison's notice of appeal log and delivered his notice of appeal to a prison official in a timely manner. See NRAP 4(d); Kellogg v. Journal Commons, 108 Nev. 474, 477, 835 P.2d 12, 13 (1992). Thus, the date of filing in the district court controls. This court lacks jurisdiction to consider an untimely appeal. See Lozada v. State, 11.0 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we

ORDER this appeal DISMISSED.¹

Parraguirre, J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   Appellant's pro se motion to appoint counsel, filed August 1, 2025, is denied.