State of Louisiana v. James Cody McMahon (Vacated and Remanded)

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Judgment rendered July 21, 2021. No. 54,172-KA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** STATE OF LOUISIANA Appellee versus JAMES CODY MCMAHON Appellant ***** Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana Trial Court No. 19CR4712 Honorable Hamilton Stephens Winters, Judge ***** LOUISIANA APPELLANT PROJECT By: Edward Kelly Bauman Counsel for Appellant Robert Stephen Tew District Attorney Counsel for Appellee Justin A. Wooley Assistant District Attorney ***** Before STEPHENS, THOMPSON, and HUNTER, 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 unlawful use of a social networking site. A review of the appellate record reveals that the trial court failed to rule on the defendant’s motion for postverdict judgment of acquittal (filed on July 1, 2020) and motion in arrest of judgment (filed on July 2, 2020) prior to sentencing the defendant, in accordance with La. C. Cr. P. arts. 821and 861. 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, 614 So. 2d 783 (La. App. 2 Cir. 1993); State v. Whitaker, 51,632 (La. App. 2 Cir. 5/25/17), 225 So. 3d 524.

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