State of Louisiana v. Richard Refund Spencer

Opinion

Judgment rendered March 26, 2025.

No. 56,357-KA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

STATE OF LOUISIANA Appellee

versus

RICHARD REFUND SPENCER Appellant

Appealed from the First Judicial District Court for the Parish of Cadd0, Louisiana Trial Court No. 397,087

Honorable Michael Pitman, Judge

LOUISIANA APPELLATE PROJECT Counsel for Appellant By: Douglas Lee Harville

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

WILLIAM JACOB EDWARDS Assistant District Attorney

Before COX, HUNTER 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 conviction and sentence for

second-degree murder. Defendant’s appellate counsel has filed a “Motion to

Vacate and to Set Aside Sentence and To Remand,” requesting that the

sentence be vacated and set aside and remanded for further proceedings. 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 prior to sentencing

the defendant, in accordance with La. C. Cr. P. art. 821.

Accordingly, the motion is granted and 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 then appeal including any

adverse rulings or any 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).