State of Louisiana v. Graley Roberson (Remanded)
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Judgment rendered March 4, 2010. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 45,448-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus GRALEY ROBERSON Appellant ***** Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 257824 Honorable John R. Joyce, Judge ***** LOUISIANA APPELLATE PROJECT By: Bruce G. Whittaker Counsel for Appellant CHARLES R. SCOTT District Attorney Counsel for Appellee JASON BROWN Assistant District Attorney ***** Before STEWART, DREW and MOORE, JJ. NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3, Uniform Rules, Courts of Appeal. PER CURIAM This appeal arises from the First Judicial District Court, Parish of Caddo, the Honorable John R. Joyce, judge pro-tempore presiding, and directed to the attention of the Honorable Craig Marcotte, judge presiding. This Court s error patent review reveals that the trial court has failed to resentence the defendant before granting his motion to appeal. This matter, therefore, is assigned for summary disposition, without oral argument, under the authority of U.R.C.A. Rule 2-11.3. The defendant previously appealed his conviction and sentence for Possession of 400 grams or more of cocaine in violation of La. R.S. 40:967(F)(1)(c). Because the trial court did not rule on a timely filed motion for new trial, this court issued a per curiam opinion rendered on January 8, 2009, vacating the defendant s sentence and remanding the matter back to the trial court for further proceedings while reserving the defendant s right to appeal the trial court s ruling. The minutes filed with the record reveal that the motion for new trial was withdrawn on September 10, 2009. The minutes show that on October 9, 2009, a motion for appeal and designation of the record was filed and was granted by the trial court on October 13, 2009. Nothing indicates that the defendant was re-sentenced. An appeal from a conviction before sentencing is premature. La. C. Cr. P. art. 912(C); State v. Carrerot, 63 So. 599 (La. 1913). Therefore, the matter is remanded to the trial court for re-sentencing. The appellant s right to appeal any adverse rulings or sentence subsequently imposed is hereby reserved.
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