JOSEPH DWAINE DOWNING JR v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

Appellant's counsel has filed a notice of voluntary withdrawal of this appeal. Counsel advises this court that appellant has been informed of the legal effects and consequences of voluntarily withdrawing this appeal. Counsel further advises that appellant “understands that dismissal means that he cannot bring [this appeal] again.” Having been so informed, appellant consents to a voluntary dismissal of this appeal. Cause appearing, we

ORDER this appeal DISMISSED.¹

Cadish, J.

Pickering, J.

Bell, J.

FOOTNOTES

1.   Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Given our disposition of this matter, respondent's motion for an extension of time to file the answering brief is denied as moot.