PERRY v. STATE (2026)

ORDER DISMISSING APPEAL

Appellant filed the notice of appeal pro se but appellant was represented by counsel in the district court and counsel has appeared in this appeal. The district court entered the judgment of conviction on April 28, 2025. Appellant's notice of appeal was therefore due by May 28, 2025. NRAP 4(b)(1)(A). Appellant's notice of appeal, however, was not filed in the district court until October 15, 2025, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). In response to this court's order to show cause why this appeal should not be dismissed for lack of jurisdiction, appellant concedes that the notice of appeal was untimely filed. “[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 the 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

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   he motion for extension of time to file the docketing statement is granted. The docketing statement was filed on November 10, 2025. The motion to withdraw as counsel for appellant is denied as moot.