STATE v. MCDUFFY (2026)

Court of Appeal of Louisiana, Second Circuit.

STATE of Louisiana, Appellee v. Brandon MCDUFFY, Appellant

No. 56,830-KA

Decided: January 30, 2026

Before STONE, HUNTER, and MARCOTTE, JJ.

LOUISIANA APPEALS AND WRIT SERVICE, By: Remy V. Starns, Logansport, Douglas Daniel Brown, Hammond, Counsel for Appellant JAMES E. STEWART, SR., District Attorney, ERIC MATTHEW WHITEHEAD, FERNANDO BERNARD GRIDER, JR., Assistant District Attorneys, Counsel for Appellee

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).

PER CURIAM.

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