v.
State
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
CRISTOBAL BENAVIDES, No. 85335
Appellant, VS.
FILE THE STATE OF NEVADA, SEP 2 / 2022
Respondent.
A. MOWN
E COURT
ORDER DISMISSING APPEAL
This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on June 2, 2022. The district court served notice of entry of that order on appellant on June 6, 2022. Appellant did not file the notices of appeal, however, until September 6, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. 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, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.
, J. Hardesty
A4,44...12 J. 44 =wsPz , J. Stiglich Herndon
SUPREME COURT
OF NEVADA
(0) I947A cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 17 Cristobal Benavides Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT
OF NEVADA
2 (0) 1947A
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
CRISTOBAL BENAVIDES, No. 85335
Appellant, VS.
FILE THE STATE OF NEVADA, SEP 2 / 2022
Respondent.
A. MOWN
E COURT
ORDER DISMISSING APPEAL
This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on June 2, 2022. The district court served notice of entry of that order on appellant on June 6, 2022. Appellant did not file the notices of appeal, however, until September 6, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. 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, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.
, J. Hardesty
A4,44...12 J. 44 =wsPz , J. Stiglich Herndon
SUPREME COURT
OF NEVADA
(0) I947A cc: Chief Judge, Eighth Judicial District Court
Eighth Judicial District Court, Department 17 Cristobal Benavides Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT
OF NEVADA
2 (0) 1947A