HAYES v. GITTERE (2021)

Supreme Court of Nevada.

Daveon Kyree HAYES, Appellant, v. William A. GITTERE, Warden, Respondent.

No. 83421

Decided: September 16, 2021

Daveon Kyree Hayes Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 8, 2020. The district court served notice of entry of that order on appellant on October 13, 2020. Appellant did not file the notice of appeal, however, until August 24, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b); Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

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