State of Louisiana v. Charles Ray Lampley

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

PER CURIAM.

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. 5/25/17), 225 So. 3d 524.