The opinion
Judgment rendered January 30, 2026.
No. 56,830-KA
COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA
*****
STATE OF LOUISIANA Appellee
versus
BRANDON MCDUFFY Appellant
*****
Appealed from the
First Judicial District Court for the
Parish of Caddo, Louisiana
Trial Court No. 381,654
Honorable Ramona L. Emanuel, Judge
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LOUISIANA APPEALS AND WRIT Counsel for Appellant
SERVICE
By: Remy V. Starns
Douglas Daniel Brown
JAMES E. STEWART, SR. Counsel for Appellee
District Attorney
ERIC MATTHEW WHITEHEAD
FERNANDO BERNARD GRIDER, JR.
Assistant District Attorneys
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Before STONE, HUNTER, and MARCOTTE, JJ.
PER CURIAM.
This appeal arises from the defendant’s conviction and sentence for
sexual battery in violation of La. R.S. 14:43.1. A review of the appellate
record reveals that the trial court failed to rule on the defendant’s motion for
new trial and motion for post-verdict judgment of acquittal both filed on
February 25, 2025, prior to sentencing the defendant in accordance with La.
C. Cr. P. arts. 853 and 821, respectively.
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 may appeal any adverse ruling(s) or the
sentence subsequently imposed. State v. Whitaker, 51,632 (La. App. 2 Cir.
5/25/17), 225 So. 3d 524; State v. Jackson, 614 So. 2d 783 (La. App. 2 Cir.
1993).