56,296-KA Nonprecedential Per Curiam Processed

State of Louisiana v. Charles Ray Lampley

Louisiana Court of Appeal, Second Circuit · Filed March 26, 2025

Authorities cited

Identified automatically; this list may not be exhaustive.

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

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.