State v. Pettus, 66 So. 3d 1192

Pettus was charged by bill of information with simple robbery on September 17, 2008.
A six-person jury found Pettus guilty as charged on December 2–3, 2009.
On December 15, 2009, Pettus moved for new trial and post verdict judgment of acquittal; motions were argued and denied on December 15, 2009.
On December 16, 2009, Pettus was sentenced to seven years at hard labor, consecutive to other sentences, and he gave notice of appeal.
The trial court failed to rule on Pettus’s motion for post verdict judgment of acquittal; the court of appeal vacates sentence and remands for ruling and resentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the failure to rule on post verdict judgment of acquittal before sentencing was reversible error	Pettus: error patent; ruling on the motion was required before sentencing	Pettus: challenge preserved for appeal; remand appropriate	Vacate sentence and remand for ruling on the motion

State v. Randolph, 409 So.2d 554 (La. 1981) (failure to rule on post verdict motions; remand with right to appeal)
State v. Wilson, 683 So.2d 775 (La.App. 5 Cir. 1996) (vacate sentences and remand for ruling on motions)
State v. Pearson and Little, 975 So.2d 646 (La.App. 5 Cir. 2007) (remand for rulings on motions with reservation of appeal rights)
State v. Robinson, 947 So.2d 783 (La.App. 5 Cir. 2006) (remand for rulings on motions with appeal rights preserved)
State v. Lewis, 916 So.2d 294 (La.App. 5 Cir. 2005) (remand procedure following lack of ruling on motions)
State v. Davis, 817 So.2d 171 (La.App. 5 Cir. 2002) (remand for rulings on post verdict motions)