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Cruise v. State

SUPREME COURT OF THE STATE OF NEVADA
Jul 1, 2021

Cadish

ORDER DISMISSING APPEAL

This is an appeal from a judgment of conviction. Eighth Judicial District Court, Clark County; Tara D. Clark Newberry, Judge.

Appellant's counsel has filed a motion to voluntarily withdraw this appeal and a supplemental affidavit in support of the motion. Counsel advises this court she has informed appellant that once he withdraws this appeal, he will be unable to pursue issues related to the direct appeal and that she advised appellant regarding the constitutional rights he would be giving up by withdrawing his appeal. Having been so informed, appellant elects to stop the appellate process. Accordingly, cause appearing, we

Counsel for appellant is advised that NRAP Form 8 provides the preferred form of a notice or motion to withdraw a criminal appeal. See also NRAP 3C(l) (requiring a notice of withdrawal of appeal in an appeal subject to NRAP 3C to substantially comply with Form 8 in the Appendix of Forms).

ORDER this appeal DISMISSED.

Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order. --------

/s/_________, J.

Cadish /s/_________, J.
Pickering /s/_________, J.
Herndon cc: Hon. Tara D. Clark Newberry, District Judge



Law Office of Betsy Allen

Robert Cruise

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk