State of Louisiana vs. Casey Stanley Thomas (Sentence vacated and remanded)

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Judgment rendered May 1, 2015 Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P. No. 50,085-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus CASEY STANLEY THOMAS Appellant ***** 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 Counsel for Appellant DALE G. COX District Attorney Counsel for Appellee HOLLY McGINNESS Assistant District Attorney ***** Before CARAWAY, MOORE and PITMAN, 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 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 postverdict 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 adverse rulings or any sentence subsequently imposed. State v. Jackson, 614 So. 2d 783 (La. App. 2d Cir. 1993). SENTENCE VACATED; REMANDED FOR FURTHER PROCEEDINGS. 1

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