Evans (Vernell) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

VERNELL RAY EVANS, No. 74926 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED MAR 07 2018 u eg3E" BY/ ISEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 13, 2017. The district court served notice of entry of that order on appellant on October 16, 2017. Appellant did not file the notices of appeal, however, until January 17, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[Nil untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 994, 946 (1994). To the extent that appellant appeals from the order denying a motion for reconsideration, no statute or court rule permits an appeal from such an order. Phelps v. State, 111 Nev. 1021, 1022-23, 900 P.2d 344, 344-45 (1995); Castillo v. State, 106 Nev. 349, 352,

SUPREME COURT OF NEVADA

792 P.2d 1133, 1135 (1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Pickering A tt. L;AP J.

Gibboris A Hardesty tt. tiertAin

cc: Hon. Elissa F. Cadish, District Judge Vernell Ray Evans Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 0747A ce) 2 .1: 1