State of Louisiana v. Charles Ray Lampley

Opinion

Judgment rendered March 26, 2025.

No. 56,296-KA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

STATE OF LOUISIANA Appellee

versus

CHARLES RAY LAMPLEY Appellant

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana Trial Court No. 2019-CR-5995

Honorable Frederick D. Jones, Judge

LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Douglas Lee Harville

ROBERT S. TEW Counsel for Appellee District Attorney

SHIRLEY M. WILSON-DAVIS BARBARA ANN HOLLADAY-COLDIRON Assistant District Attorneys

Before PITMAN, COX, and ELLENDER, JJ.

NOT DESIGNATED FOR PUBLICATION Rule 2-16.3, Uniform Rules, Courts of Appeal PER CURIAM.

This appeal arises from the defendant’s convictions and sentences for

second degree murder and possession of a firearm or carrying of a concealed

weapon by a person convicted of domestic abuse battery. Appellate defense

counsel has filed a “Motion to Vacate and to Set Aside Sentences and to

Remand.”

A review of the appellate record reveals that the trial court failed to

rule on the defendant’s pro se motion for post-verdict judgment of acquittal,

pro se motion in arrest in judgment, and pro se motion for new trial before

sentencing the defendant, in accordance with La. C. Cr. P. arts. 821, 853,

and 861. The trial court also failed to rule on the defendant’s pro se motion

for mistrial.

Accordingly, the motion is granted, the defendant’s sentences are

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 sentences 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.