SANTISTEVAN v. STATE (2018)

Supreme Court of Nevada.

Jerry SANTISTEVAN, Appellant, v. The STATE of Nevada, Respondent.

No. 75021

Decided: April 16, 2018

Jerry Santistevan Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is a pro se appeal from district court orders denying a motion to modify sentence and denying a motion for rehearing. Eighth Judicial District Court, Clark County; Stefany Miley. Judge.

Our review of this appeal reveals jurisdictional defects. Specifically, the district court entered the order denying a motion to modify sentence on December 19, 2017. Appellant did not file the notice of appeal, however, until January 26, 2018, eight days after the expiration of the thirty-day appeal period prescribed by NRAP 4(b). “[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). Further, no statute or court rule permits an appeal from an order denying a motion for rehearing. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we

ORDER this appeal DISMISSED.

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