Background
Reginald L. Fisher was convicted of two counts of sexual battery under Louisiana Revised Statutes § 14:43.1. He appealed his convictions and sentences from the First Judicial District Court for Caddo Parish.
The appellate record showed that the trial court ruled on Fisher’s counseled motions before sentencing but did not rule on his pro se motions for a new trial and a post-verdict judgment of acquittal until after sentencing. Louisiana Code of Criminal Procedure articles 821 and 853 required disposition of those motions before sentencing.
The Court’s Holding
The Louisiana Court of Appeal vacated Fisher’s sentences because the trial court sentenced him before resolving his pro se motions. The court also vacated the trial court’s post-sentencing rulings denying those motions.
The court remanded the case for a hearing and disposition on Fisher’s pro se motions before resentencing. It did not vacate Fisher’s convictions and expressly reserved his right to appeal his convictions and sentences after the required proceedings.
Key Takeaways
- A trial court must resolve motions for a new trial and post-verdict judgment of acquittal before sentencing.
- A ruling entered after sentencing did not cure the procedural error; the appellate court vacated both the sentences and the late ruling.
- The remand preserved Fisher’s convictions for the time being and reserved his right to appeal after disposition of the motions and resentencing.
Why It Matters
The decision underscores that unresolved post-verdict motions must be addressed in the proper sequence, even when the trial court has already ruled on separate counseled motions. Sentencing before disposing of a defendant’s pending pro se motions requires corrective proceedings.
The remedy was procedural rather than a decision on the merits of Fisher’s convictions: the appellate court returned the case to the trial court for rulings on the motions and, if appropriate, resentencing before further appellate review.