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Mayo v. State

SUPREME COURT OF THE STATE OF NEVADA
May 15, 2013
No. 59313 (Nev. May. 15, 2013)

Opinion

No. 59313

05-15-2013

DEMONDRAY D. MAYO, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DISMISSING APPEAL

This is an appeal under NRAP 4(c) from a judgment of conviction entered pursuant to a guilty plea of second-degree murder with the use of a deadly weapon. Eighth Judicial District Court, Clark County; Jerome T. Tao, Judge.

In this appeal, appellant Demondray Mayo argues the merits of claims related to his judgment of conviction. However, the notice of appeal, which was filed by the district court clerk as a result of Mayo's successful litigation of an appeal-deprivation claim, fails to designate Mayo's judgment of conviction as the judgment from which the appeal was taken. Therefore, it is insufficient to vest jurisdiction in this court to litigate issues related to the judgment of conviction. See NRAP 3(c)(1)(B) (providing notice of appeal must "designate the judgment, order or part thereof being appealed"); Abdullah v. State, 129 Nev. ___, ___, 294 P.3d 419, 421-22 (2013) (recognizing that this court will not consider an appeal from a judgment if the intent to appeal that judgment cannot be reasonably inferred from the notice of appeal). Accordingly, we

ORDER this appeal DISMISSED with instructions to the district court clerk to prepare and file a notice of appeal from the judgment of conviction consistent with the district court's order and NRAP4(c).

__________, J.

Gibbons

__________, J.

Douglas

__________, J.

Saitta
cc: Hon. Jerome T. Tao, District Judge

Law Office of Lisa Rasmussen

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Mayo v. State

SUPREME COURT OF THE STATE OF NEVADA
May 15, 2013
No. 59313 (Nev. May. 15, 2013)
Case details for

Mayo v. State

Case Details

Full title:DEMONDRAY D. MAYO, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 15, 2013

Citations

No. 59313 (Nev. May. 15, 2013)