State of Louisiana v. James Cody McMahon

Opinion

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 Counsel for Appellant By: Edward Kelly Bauman

Robert Stephen Tew Counsel for Appellee District Attorney

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 post-

verdict 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.