State v. Holmes

CHEHARDY, Judge.

David Holmes appeals his conviction of possession of cocaine, LSA-R.S. 40:967, and the resulting sentence of three years’ imprisonment at hard labor. In screening the record we noted that his appeal appeared to be untimely; therefore, we ordered Holmes to show cause why his appeal should not be dismissed for lack of jurisdiction. Finding defendant has failed *624to rebut the presumption of lack of jurisdiction arising from the tardiness of his motion for appeal, we dismiss.

On July 21, 1987, David Holmes entered a plea to possession of cocaine, in the form of a nolo contendere…