No. 51,632-KA Precedential Remanded Processed

State v. Whitaker

Louisiana Court of Appeal, Second Circuit · Filed May 25, 2017 · 225 So. 3d 524

Cited by

State of Louisiana v. Richard Refund Spencer La. Ct. App. 2d Cir. 2026
State of Louisiana v. Brandon McDuffy La. Ct. App. 2d Cir. 2026
State of Louisiana v. Richard Refund Spencer La. Ct. App. 2d Cir. 2025
State of Louisiana v. Charles Ray Lampley La. Ct. App. 2d Cir. 2025
State of Louisiana v. Joseph Lee Smith La. Ct. App. 2d Cir. 2023
State of Louisiana v. Jeremy D. Rainey La. Ct. App. 2d Cir. 2023
State of Louisiana v. James Cody McMahon La. Ct. App. 2d Cir. 2021
State of Louisiana v. Breonne D. Whitaker La. Ct. App. 2d Cir. 2020
State v. Whitaker 266 So. 3d 526 La. Ct. App. 2d Cir. 2019

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Thomas 166 So. 3d 379
State v. Jackson 614 So. 2d 783

Opinion text

PER CURIAM. | ¶ This appeal arises from 'the defendant’s conviction and sentence for second degree murder. A review of the appellate record reveals that the'district 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 defendant’s sentence is hereby vacated, the appeal is dismissed and the matter is remanded to the trial court for further proceedings. The defendant’s motions to supplement the record are denied as moot. The defendant may appeal any adverse rulings or any sentence subsequently imposed. State v. Thomas, 50,085 (La.App. 2 Cir. 5/1/15), 166 So.3d 379 ; State v. Jackson, 614 So.2d 783 (La.App. 2 Cir. 1993).