State of Louisiana v. Curtis D. Jones (Sentence vacated and case remanded)

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Judgment rendered May 14, 2014. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 49,297-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus CURTIS D. JONES Appellant ***** Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana Trial Court No. 13-CR-23908 Honorable Robert E. Burgess, Judge ***** LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel for Appellant RICHARD ZEMRY JOHNSON, JR. District Attorney Counsel for Appellee RON CHRISTOPHER STAMPS BRITNEY A. GREEN Assistant District Attorneys ***** Before WILLIAMS, CARAWAY and DREW, JJ. PER CURIAM This appeal arises from the conviction and sentence of the defendant. Pursuant to La. C. Cr. P. art. 821, the trial court is required to rule on a defendant s motion for post-verdict judgment of acquittal prior to sentencing. Failure to do so requires the sentence to be vacated and the matter remanded for further proceedings. Accordingly, the defendant s sentence is set aside and vacated, and the case is remanded for further proceedings on the defendant s post-verdict motions.

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