State of Louisiana v. James Cody McMahon
State of Louisiana v. James Cody McMahon, No. 54,172-KA (La. Ct. App. 2d Cir. July 21, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Jackson 614 So. 2d 783
- State v. Whitaker 225 So. 3d 524
Opinion text
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.