State of Louisiana v. Joseph Blake Allen (Per Curiam)
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Judgment rendered July 27, 2017. No. 51,730-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus JOSEPH BLAKE ALLEN Appellant ***** Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana Trial Court No. 43533 Honorable Jacque D. Derr, Judge ***** LOUISIANA APPELLATE PROJECT By: Carey J. Ellis, III Counsel for Appellant R. CHRISTOPHER NEVILS District Attorney Counsel for Appellee STEVEN D. CREWS Assistant District Attorneys ***** Before DREW, PITMAN and COX, 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 possession of methamphetamine. A review of the appellate record reveals that the trial court failed to rule on the defendant’s motion for new trial prior to sentencing the defendant, in accordance with La. C. Cr. P. art. 853. Pursuant to La. C. Cr. P. art. 853, the trial court is required to rule on a defendant’s motion for new trial prior to sentencing. Failure to do so requires the sentence to be vacated and the matter remanded for further proceedings. State v. Randolph, 409 So. 2d 554 (La. 1981); State v. Jackson, 614 So. 2d 783 (La. App. 2 Cir. 1993); State v. Thomas, 50,085 (La. App. 2 Cir. 5/1/15), 166 So. 3d 379. Accordingly, the defendant’s sentence is hereby vacated, the appeal is dismissed, 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, supra; State v. Thomas, supra. In addition, given the foregoing, appellate defense counsel’s motion to withdraw is hereby denied as moot.
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