State of Louisiana v. Brandon McDuffy

• Court: Louisiana Court of Appeal
• Decided: January 30, 2026
• Docket: 56,830-KA
• Status: Published
• Author: Hunter

Opinion

Judgment rendered January 30, 2026.

No. 56,830-KA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

STATE OF LOUISIANA Appellee

versus

BRANDON MCDUFFY Appellant

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 381,654

Honorable Ramona L. Emanuel, Judge

LOUISIANA APPEALS AND WRIT Counsel for Appellant SERVICE By: Remy V. Starns Douglas Daniel Brown

JAMES E. STEWART, SR. Counsel for Appellee District Attorney

ERIC MATTHEW WHITEHEAD FERNANDO BERNARD GRIDER, JR. Assistant District Attorneys

Before STONE, HUNTER, and MARCOTTE, JJ. PER CURIAM.

This appeal arises from the defendant’s conviction and sentence for

sexual battery in violation of La. R.S. 14:43.1. A review of the appellate

record reveals that the trial court failed to rule on the defendant’s motion for

new trial and motion for post-verdict judgment of acquittal both filed on

February 25, 2025, prior to sentencing the defendant in accordance with La.

C. Cr. P. arts. 853 and 821, respectively.

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 ruling(s) or the

sentence subsequently imposed. State v. Whitaker, 51,632 (La. App. 2 Cir.

5/25/17), 225 So. 3d 524; State v. Jackson, 614 So. 2d 783 (La. App. 2 Cir.

1993).