MICHAEL JEROME SAMPLE v. THE STATE OF NEVADA (2026)

ORDER DISMISSING APPEAL

This is a direct appeal from a judgment of conviction. Second Judicial District Court, Washoe County; Lynne K. Jones, Judge.

This court previously issued an order to show cause as to why this appeal should not be dismissed for lack of jurisdiction. Specifically, this court noted that it appears the notice of appeal is untimely. NRAP 4(b). In appellant's response, he asserts there is good cause to excuse the untimely notice of appeal, arguing his former counsel knew he wished to appeal and the district court delayed granting his counsel's motion to withdraw and appointing new counsel. Respondent has filed a reply, arguing any appeal deprivation claim must be asserted in the proper format in the district court and the district court must make certain findings before appellant can file an untimely appeal pursuant to Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994), and NRAP 4(c).

“The filing of a timely notice of appeal is a fundamental jurisdictional requirement; without it, this court never obtains jurisdiction over an appeal and has no power to consider the issues raised, no matter how much merit they may have.” Dickerson v. State, 114 Nev. 1084, 1087, 967 P.2d 1132, 1134 (1998). “[A]n untimely notice of appeal fails to vest jurisdiction in this court.” Lozada, 110 Nev. at 352, 871 P.2d at 946. This court is unable to extend the time to file a notice of appeal under the circumstances here. See NRAP 26(b)(1)(A) (providing that this “court may not extend the time to file a notice of appeal except as provided in Rule 4(c)”); NRAP 4(c) (governing when an untimely appeal from a judgment of conviction may be filed). To the extent appellant is attempting to appeal from the judgment of conviction under the provisions of NRAP 4(c)(1), it does not appear that the district court has entered a written order certifying that appellant has established a valid appeal deprivation claim and is entitled to a direct appeal. Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.

Pickering, J.

Parraguirre, J.

Bell, J.