JOHNS v. STATE (2018)

Supreme Court of Nevada.

Paschella JOHNS, Appellant, v. The STATE of Nevada, Respondent.

No. 76822

Decided: November 02, 2018

Clark County Public Defender Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

This court's initial review of this appeal revealed a jurisdictional defect. The notice of appeal was untimely filed. The judgment of conviction was entered on July 6, 2018. However, the notice of appeal was not filed until August 22, 2018, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). Accordingly, on September 13, 2018, we directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction.

In response to the show-cause order, appellant's counsel concedes that the appeal is untimely. Because an untimely notice of appeal fails to vest jurisdiction in this court, see Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), we lack jurisdiction over this appeal and we

ORDER this appeal DISMISSED.

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