STEVEN FLOYD VOSS v. THE STATE OF NEVADA (2022)

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order denying a motion to correct illegal sentence as moot. Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the notice of appeal was untimely filed. The district court entered the order denying a motion to correct illegal sentence as moot on May 2, 2022. Appellant did not file the notice of appeal, however, until November 10, 2022, well after the expiration of the 30-day appeal period prescribed by 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), overruled on other grounds by Rippo v. State, 134 Nev. 411, 426 n.18, 423 P.3d 1084, 1100 n.18 (2018). Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.¹

Cadish, J.

Pickering, J.

Gibbons, Sr.J.

FOOTNOTES

1.   The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.