State v. Thomas

Full title: STATE OF LOUISIANA Appellee v. CASEY STANLEY THOMAS Appellant

Court: COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

Date published: May 1, 2015

166 So. 3d 379 (La. Ct. App. 2015)

Opinion

No. 50,085–KA.

2015-05-01

STATE of Louisiana, Appellee v. Casey Stanley THOMAS, Appellant.

Annette Fuller Roach , for Appellant. Dale G. Cox , District Attorney Appellee, Holly McGinness , Assistant District Attorney, for Appellee.

PER CURIAM.

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana, Trial Court No. 311818, Honorable John D. Mosely, Jr., Judge.
Annette Fuller Roach, for Appellant. Dale G. Cox, District Attorney Appellee, Holly McGinness, Assistant District Attorney, for Appellee.
Before CARAWAY, MOORE and PITMAN, JJ.

PER CURIAM.

This appeal arises from the defendant's conviction and sentence for driving while intoxicated, fourth offense. A review of the appellate record reveals that the trial court failed to rule on the defendant's motion for post-verdict judgment of acquittal and motion for new trial prior to sentencing the defendant, in accordance with La. C. Cr. P. arts. 821 and 853.

Accordingly, the defendant's sentence is hereby vacated and the matter is remanded to the trial court for further proceedings. The defendant may appeal any adverserulings or any sentence subsequently imposed. State v. Jackson, 614 So.2d 783 (La.App. 2d Cir.1993).

SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS.