2025 KW 1137 Nonprecedential Processed

State Of Louisiana v. Damien Gaston

Louisiana Court of Appeal, First Circuit · Filed January 9, 2026

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 1137
VERSUS

DAMIEN GASTON JANUARY 9, 2026
In Re: Damien Gaston, applying for supervisory writs, 32nd

Judicial District Court, Parish of Terrebonne, Nos.
869361, 869485, 869486, 869487, 869489, 869490,
869491.

BEFORE : MILLER, EDWARDS, AND FIELDS, JJ.

WRIT DENIED ON THE SHOWING MADE. Relator failed to include
documents from the district court record that may assist with
reviewing his claims such as the bills of information, the guilty
plea and sentencing transcript, the criminal court minutes, and
any other portions of the district court record that might support
the claims presented in the motions at issue. The party seeking
relief is responsible for filing and attaching all documents and
exhibits in connection with an application for writs. See Uniform
Rules of Louisiana Courts of Appeal, Rule 4-5. Supplementation of
this writ application and/or an application for rehearing will not
be considered. See Uniform Rules of Louisiana Courts of Appeal,
Rules 2-18.7 & 4-9. In the event relator elects to file a new
application with this court, he may do so without the necessity of
obtaining a return date and the application shall be filed on or
before March 10, 2026. Any future filing should also include the
entire contents of this application, the missing items noted above,
and a copy of this ruling.

SMM
BDE

Fields, J., concurs in part and dissents in part. I would
deny relator’s claim, raised in the writ application for the first
time, that the district court failed to state for the record the
La. Code Crim. P. art. 894.1 factors taken into consideration and
the reasons for imposition of consecutive sentences in this
case. See State v. Butler, 2012-2359 (La. 5/17/13), 117 So.3d 87,
89 (per curiam), cert. denied, 572 U.S. 1064, 134 S.Ct. 1879, 188
L.Ed.2d 918 (2014).

(SORT OF APPEAL, FIRST CIRCUIT