State of Louisiana vs. Elvron Lesere Martin (vacated and remanded)
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Judgment rendered February 27, 2014. Application for rehearing may be filed within the delay allowed by art. 922, La. C. Cr. P. No. 49,030-KA PER CURIAM COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus ELVRON LESERE MARTIN Appellant ***** Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 286,661 Honorable Craig Marcotte, Judge ***** LEE HARVILL LAW FIRM By: Douglas Lee Harville Counsel for Appellant CHARLES REX SCOTT District Attorney Counsel for Appellee JASON BROWN Assistant District Attorney ***** Before STEWART, DREW and GARRETT, JJ. NOT DESIGNATED FOR PUBLICATION. Rules 2-16.2 and 216.3, Uniform Rules, Courts of Appeal PER CURIAM Our error patent review reveals, and the state concedes, the prematurity of this appeal caused by the trial court s failure to rule on the defendant s motions for new trial and post-verdict judgment of acquittal. On October 21, 2010, the defendant was convicted of distribution of marijuana. The defendant s trial counsel timely filed motions for new trial and post-verdict judgment of acquittal on December 16, 2010. Thereafter, on June 20, 2011, pursuant to a plea agreement, the defendant pled guilty to being a second-felony habitual offender and was sentenced to 15 years at hard labor to be served without the benefit of probation or suspension of sentence. The record does not indicate that the trial court ruled on the defendant s post-trial motions prior to sentencing the defendant. Accordingly, the sentence imposed is hereby set aside and vacated and the matter is remanded to the trial court for further proceedings. The defendant may appeal any adverse rulings or any sentence. State v. Jackson, 614 So. 2d 783 (La. App. 2d Cir. 1993).
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