BROWN v. STATE (2021)

ORDER DISMISSING APPEAL

A review of this appeal reveals jurisdictional defects. Specifically, the district court entered its order denying appellant's habeas petition on July 30, 2019. The notice of appeal was filed on February 4, 2021, well beyond the relevant appeal period.¹ See NRCP 6. “[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). Additionally, it does not appear that a motion for modification of sentence was filed in the underlying district court case. Accordingly, this court

ORDERS this appeal DISMISSED.

FOOTNOTES

1.   Appellant has already appealed from the order denying petition for writ of habeas corpus. See Brown v. State, Docket No. 79345.