Opinion
No. 51,730-KA
07-27-2017
STATE OF LOUISIANA Appellee v. JOSEPH BLAKE ALLEN Appellant
LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel for Appellant R. CHRISTOPHER NEVILS District Attorney STEVEN D. CREWS Assistant District Attorneys Counsel for Appellee
Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana
Trial Court No. 43533 Honorable Jacque D. Derr, Judge LOUISIANA APPELLATE PROJECT
By: Carey J. Ellis, III Counsel for Appellant R. CHRISTOPHER NEVILS
District Attorney STEVEN D. CREWS
Assistant District Attorneys Counsel for Appellee Before DREW, PITMAN and COX, JJ. NOT DESIGNATED FOR PUBLICATION
Rule 2-16.3, Uniform Rules, Courts Of Appeal PER CURIAM.
This appeal arises from the defendant's conviction and sentence for possession of methamphetamine. A review of the appellate record reveals that the trial court failed to rule on the defendant's motion for new trial prior to sentencing the defendant, in accordance with La. C. Cr. P. art. 853.
Pursuant to La. C. Cr. P. art. 853, the trial court is required to rule on a defendant's motion for new trial prior to sentencing. Failure to do so requires the sentence to be vacated and the matter remanded for further proceedings. State v. Randolph, 409 So. 2d 554 (La. 1981); State v. Jackson, 614 So. 2d 783 (La. App. 2 Cir. 1993); State v. Thomas, 50,085 (La. App. 2 Cir. 5/1/15), 166 So. 3d 379.
Accordingly, the defendant's sentence is hereby vacated, the appeal is dismissed, and the matter is remanded to the trial court for further proceedings. The defendant may appeal any adverse rulings or any sentence subsequently imposed. State v. Jackson, supra; State v. Thomas, supra.
In addition, given the foregoing, appellate defense counsel's motion to withdraw is hereby denied as moot.