IN THE SUPREME COURT OF THE STATE OF NEVADA
LAMARR DUQUIR JOHNSON, No. 69429
Appellant,
vs.
THE STATE OF NEVADA, FILED
Respondent.
APR 1 1 2016
TRACIE K. LINDEMAN
CLERK OF SUPREME COURT
BY
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is an appeal from a judgment of conviction. Eighth
Judicial District Court, Clark County; Richard Scotti, Judge.
This court's preliminary review of this appeal revealed a
potential jurisdictional defect. The judgment of conviction was entered on
November 5, 2015. However, the notice of appeal was not filed in the
district court until December 15, 2015, eight days after expiration of the
30-day appeal period. See NRAP 4(b)(1)(A); NRAP 26(a)(3). See Lozada v.
State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) ("[A]n untimely notice
of appeal fails to vest jurisdiction in this court.").
If appellant delivered his notice of appeal to a prison official
for mailing on or before December 7, 2015, his notice of appeal would be
deemed timely filed. NRAP 4(d). Because appellant signed his notice of
appeal on December 7, 2015, we directed appellant's counsel to obtain and
transmit a copy of the notice of appeal log. Counsel has now submitted a
copy of that log.
In order to receive the benefit of NRAP 4(d), an inmate must
use the notice of appeal log or another system designed for legal mail. The
notice of appeal log does indicate when appellant delivered the notice of
appeal to a prison official for filing and there is no indication that
I (5. - 11.17..
appellant utilized another system designed for legal mail. Accordingly,
the December 15, 2015, filing date of the notice of appeal in the district
court controls, and we
ORDER this appeal DISMISSED.'
A
Hardesty
Ct--t 4.4,2\ ,J.
ek.PA
Saitta Pickering
cc: Hon. Richard Scotti, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
Lamarr Duquir Johnson
'Appellant's motion for extension of time to file the transcript
request form is denied as moot. The clerk shall return the transcript
request form received on January 8, 2016, unfiled.
SUPREME COURT
OF
NEVADA
2
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