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FILE 0 Electronically

2014-04-11 03:33:41 M Joey Orduna Hastin s

Clerk of the Court Transaction # 43840 5

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6 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA

7 IN AND FOR THE COUNTY OF WASHOE

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9 GEROLD LEE GORMAN,

II vs.

Appellant,

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THE CITY OF RENO,

Respondent.

Case No.: CR14-0202

Dept. No.: 7

ORDER

16 On March 25,2014, Respondent filed a Motion to Dismiss Appeal on the

17 grounds that Appellant failed to obtain transcripts of the lower court's proceedings.

18 On April 7, 2014, Appellant filed his Opposition arguing that the transcripts are not

19 required and this appeal is not defective simply because of an unordered transcript.

Appellant then requests an extension of time to obtain the transcripts. On April 8,

21 2014, Respondent filed a Reply and submitted this matter for decision.

22 This matter arises from a traffic violation which occurred on September 25,

23 2013, while Appellant, traveling northbound on 1-580, exited the freeway at North

24 McCarran Boulevard. As Appellant approached the off-ramp intersection, he

stopped and turned right on a red light, in violation of posted signage. Appellant

26 was issued a citation to which he pled not guilty. On January 22,2014, after a

27 bench trial. Appellant was found guilty of violating RMC 6.06.120. On January 30,

28 2014, Appellant timely filed a notice of appeal and posted the required bond.

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Appeals from the municipal court must be filed in accordance with the

provisions of NRS 5.073. NRS 266.595. The practices and proceedings in the

municipal court must conform to the practices and proceedings of the justice court.

NRS 5.073. The Reno Municipal Court is a court of record, thus, the district court is

bound to the record on appeal. NRS 1.020; NRS 5.073. Within ten (10) days after

filing the notice of appeal the appellant is required to order a transcript of the

proceedings. JCRCP 74(b). Further, the appellant is required to deposit $100 with

the municipal court to absorb the cost of the record and for payment of the

transcripts. Id. Once the appellant obtains the transcript he is required to furnish

a copy of the transcript on all the parties. Id. Failure to arrange for a transcript or

pay the filing fee, absent a good faith justification for the delay, may result in

dismissal. JCRCP 76(a),

Appellant provides no explanation for his failure to file the appropriate

request for transcripts, or pay the $100 filing fee within the limitations period.

Despite this, Appellant requests an extension of time to obtain and pay for the

transcripts. However, an extension of time must be made within the ten (10) day

limitation period prescribed by JCRCP 74(b). JCRCP 74A(d). Appellant was

therefore required to move for an extension of time prior to February 5, 2014.

Based on the foregoing, the court finds Appellant is procedurally barred from

appellate review. The Motion to Dismiss is GRANTED.

IT IS SO ORDERED.

DATED this /1 day of April, 2014.

PATRICK FLANA District Judge

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