Summary
The Louisiana Second Circuit Court of Appeal held that the trial court improperly sentenced Brandon McDuffy without first ruling on his pending motion for a new trial and motion for post-verdict judgment of acquittal. The court vacated the sentence, dismissed the appeal, and remanded for further proceedings, allowing a subsequent appeal from any adverse rulings or sentence.
Topics
Practice areas
Questions Presented
- Whether the trial court could sentence the defendant before ruling on his timely filed motion for new trial and motion for post-verdict judgment of acquittal.
- What remedy is required when the trial court fails to rule on those motions before sentencing.
Holdings
- The trial court was required to rule on the defendant's motion for new trial and motion for post-verdict judgment of acquittal before sentencing him; sentencing without doing so was procedurally improper.
- The defendant's sentence must be vacated, the appeal dismissed, and the matter remanded to the trial court for further proceedings; the defendant may appeal any adverse ruling or subsequently imposed sentence.
Factual background
The defendant was convicted and sentenced for sexual battery in violation of La. R.S. 14:43.1. He filed a motion for new trial and a motion for post-verdict judgment of acquittal on February 25, 2025. The trial court sentenced him without ruling on either motion.
Procedural history
Brandon McDuffy was convicted and sentenced for sexual battery in the First Judicial District Court for the Parish of Caddo. He filed a motion for new trial and a motion for post-verdict judgment of acquittal on February 25, 2025. The trial court sentenced him without first ruling on those motions, and the Louisiana Court of Appeal, Second Circuit, vacated the sentence, dismissed the appeal, and remanded for further proceedings.
Remand instructions
Vacate the defendant's sentence, dismiss the appeal, and remand to the trial court for further proceedings, including rulings on the motion for new trial and motion for post-verdict judgment of acquittal. The defendant may appeal any adverse ruling or subsequently imposed sentence.