STEVEN JAMES BURSON v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Fifth Judicial District Court, Nye County; Robert W. Lane, Judge.

Appellant's counsel previously filed a notice of appellant's death and motion to dismiss. Therefore, on January 9, 2023, this court entered an order directing appellant's personal representative to file a motion for substitution in this court on or before March 27, 2023, if he or she wished to proceed with this appeal. See NRAP 43(a); Brass v. State, 129 Nev. 527, 306 P.3d 393 (2013); see also Walker v. Burkham, 68 Nev. 250, 253-54, 229 P.2d 158, 160 (1951) (“Upon the death of a party ․ the [action] cannot proceed until someone is substituted for the decedent ․”). If no personal representative was substituted within that time, this appeal would be dismissed. See Brass, 129 Nev. at 530, 306 P.3d at 395. To date, no personal representative has filed a motion for substitution or otherwise communicated with this court. Accordingly, this court

ORDERS this appeal DISMISSED.

Herndon, J.

Lee, J.

Parraguirre, J.