Opinion
55,216-KA
05-03-2023
STATE OF LOUISIANA Appellee v. JEREMY D. RAINEY Appellant
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel for Appellant JAMES E. STEWART, SR. District Attorney Counsel for Appellee ROSS S. OWEN ERICA N. JEFFERSON Assistant District Attorneys
NOT DESIGNATED FOR PUBLICATION.
Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 382,184 Honorable Erin Leigh Waddell Garrett, Judge
LOUISIANA APPELLATE PROJECT By: Douglas Lee Harville Counsel for Appellant
JAMES E. STEWART, SR. District Attorney Counsel for Appellee
ROSS S. OWEN ERICA N. JEFFERSON Assistant District Attorneys
Before COX, STEPHENS, and ELLENDER, JJ.
PER CURIAM.
This appeal arises from the defendant's convictions and sentences for possession with intent to distribute a Schedule I CDS, marijuana (less than two and one-half pounds), possession with intent to distribute a Schedule II CDS, methamphetamine (less than 28 grams), possession with intent to distribute a Schedule II CDS, cocaine (less than 28 grams), illegal carrying of weapons while in possession of a CDS, and possession of a firearm by a convicted felon. 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 prior to sentencing the defendant, in accordance with La.C.Cr.P. art. 821.
Accordingly, 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. 5/25/17), 225 So.3d 524.