FLETCHER v. STATE (2020)

ORDER DISMISSING APPEAL

On October 16, 2020, this court issued an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, it appeared that the notice of appeal was untimely filed. Appellant's counsel has filed a response to the order to show cause wherein he indicates that he miscalendared the date for filing the notice of appeal.¹ The judgment of conviction was entered on August 24, 2020. However, the notice of appeal was not filed until September 24, 2020, one day after the expiration of the 30-day appeal period prescribed by NRAP 4(b). The notice of appeal is untimely, and this court lacks jurisdiction to consider this appeal. See Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (“[A]n untimely notice of appeal fails to vest jurisdiction in this court.”). Accordingly, this court

ORDERS this appeal DISMISSED.

FOOTNOTES

1.   Appellant's motion to late-file the response to the order to show cause and the docketing statement is granted. The response and docketing statement were filed on November 19, 2020.