BELLON v. STATE (2020)

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a motion to modify sentence and an order denying a motion for rehearing. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.

This court’s review of this appeal reveals jurisdictional defects. First, no order denying a motion to modify sentence was entered on February 4, 2020. To the extent that appellant appeals from the order denying a motion to modify sentence entered on December 23, 2019, 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). Second, no statute or court rule provides for an appeal from an order denying a motion for rehearing or denying a “motion for judgment on the pleadings filed 12/27/19 or in the alternative, construe said action as a motion for 60(B)(3) relief pursuant based on mistake of birthday.” Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, this court

ORDERS this appeal DISMISSED.