ASTON v. STATE (2018)

Supreme Court of Nevada.

John Thomas ASTON, Appellant, v. The STATE of Nevada, Respondent.

No. 73789

Decided: March 06, 2018

State Public Defender/Carson City Attorney General/Carson City Carson City District Attorney

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. First Judicial District Court, Carson City; James E. Wilson, Judge.

Appellant's counsel previously filed a letter indicating that appellant is deceased and requesting guidance on how to proceed. On November 6, 2017, we entered an order instructing that appellant's personal representative, if any, should file a motion for substitution in this court pursuant to NRAP 43 within 90 days if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253–54, 229 P.2d 158, 160 (1951) (“Upon the death of a party ․ the [action] cannot proceed until someone is substituted for the decedent ․”). We stated that if no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. at 530, 306 P.3d at 395. To date, no personal representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, we

ORDER this appeal DISMISSED.

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