from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 340, 634 Honorable Katherine
LOUISIANA APPELLATE PROJECT By: Katherine M. Franks Counsel
E. STEWART, SR. District Attorney Counsel for Appellee
TRENEISHA JACKSON HILL JASON WALTMAN JOSHUA WILLIAMS
Assistant District Attorneys
MOORE, PITMAN, and GARRETT, JJ.
defendant, Damon Allen Wing, was convicted of two counts of
simple burglary and sentenced to serve eight years at hard
labor on each count, to be served consecutively. Wing
appeals, claiming his sentences are excessive and should not
have been ordered to be served consecutively. For the
following reasons, we affirm the convictions, vacate the
sentences, and remand for resentencing.
afternoon of April 14, 2016, Caryn McCabe, the concessions
manager at the Blanchard Athletic Club, arrived at the
business to find it had been burglarized. A window was broken
out of a door and the door had been unlocked from the inside.
A cinderblock brick and a piece of rebar, apparently used to
break the window, were found on the ground nearby. A bottle
of sports drink, which had been partially consumed, was found
on the counter, along with an ICEE, which was still frozen.
The bathroom had been used and the toilet had not been
flushed. The cash register and items on the safe had been
moved. When Ms. McCabe left the building around 10 p.m. the
night before, it had been completely cleaned and
McCabe called the Blanchard Police Department. Sergeant Brian
Anderson responded to the call and photographed the scene.
Ms. McCabe put some plastic over the broken window.
on the morning of April 15, Sgt. Anderson received
information that Wing, who was 19 years old, was involved in
the burglary. Sgt. Anderson contacted Wing. He was advised of
his Miranda rights and signed a waiver of those
rights. That morning, Wing wrote out a confession, in his own
handwriting, which stated:
Yesterday afternoon I used a brick and rebar to break into
the concesion [sic] stand at the ballpark and got a drink and
some candy and then used the bathroom and hit the safe with a
hammer and then people showed up and I left.
statement regarding hitting the safe with a hammer was
puzzling to Sgt. Anderson because he had not observed much
damage to it.
that morning, following the initial interview with Wing, Sgt.
Anderson was again dispatched to the Blanchard Athletic Club,
which had been burglarized a second time. The plastic on the
door had been broken through and the safe had been severely
damaged, but had not been opened. Sgt. Anderson photographed
the scene and went back to Wing, who was again advised of and
waived his Miranda rights. Wing admitted that he
burglarized the concession stand again after Sgt. Anderson
photographed the scene on April 14. Wing added the following
sentence to his statement:
Came back later that night and used a hammer on the safe to
no evail [sic].
was charged with two counts of simple burglary and was tried
by a six-person jury on March 7, 2017. Immediately before
trial, a hearing was held on the admissibility of Wing's
handwritten confession. The statement was found to be given
freely and voluntarily and was admitted into evidence at
trial. After hearing testimony from Ms. McCabe and Sgt.
Anderson, examining the photographs admitted at trial, and
reading Wing's confession, the jury ...