Burton (Key) v. State ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
K.EY MAYEN BURTON, No. 85479
Appellant,
vs.
THE STATE OF NEVADA,
Respondent. OCT Li 2022
. HA.PRC'WN
SUPREMF: URT
ORDER DISMISSING APPEAL TY C.1_,Ekri
This is a pro se notice of appeal from a district court order
denying a postconviction petition for a writ of habeas corpus. Eighth
Judicial District Court, Clark County; Crystal Eller, Judge.
This court's review of this appeal reveals a jurisdictional defect.
Specifically, the district court entered its order denying appellant's petition
on July 18, 2022. The district court served notice of entry of that order on
appellant on July 20, 2022. Appellant did not file the notice of appeal,
however, until October 4, 2022, well after the expiration of the 30-day
appeal period prescribed by NRS 34.575. See NRAP 4(b); Lozada u. State,
110 Nev. 349, 352, 871 P.M 944, 946 (1994) (explaining that an untimely
notice of appeal fails to vest jurisdiction in this court). Accordingly, this
court
ORDERS this appeal DISMISSED.
A6.•k ,J
Hardesty
/ekSY"A—Q 4414- "'
Stiglich Herndon
SUPREME COURT
OF
NEVADA
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2
cc: Hon. Crystal Eller, District Judge
Key Mayen Burton
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
tO 1.447A ,4:4-411t.;., 2