Johnson (Lamarr) v. State

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 (0) 1947A eni-:#