Phagan v. State

A Glynn County jury convicted defendant of one count of burglary.1 Thereafter, the superior court denied defendant’s motion for new trial, and he now appeals, contending that the superior court erred: 1 in failing to sua sponte declare a mistrial after ruling defendant’s custodial statements inadmissible as unwarned,2 and 2 in denying his motion for new trial on the insufficiency of the evidence.

The uncontroverted evidence adduced at trial showed that Officer Tiona McDaniel of the Glynn County Police Department was dispatched to Fred Stregles Auto Sales at 3309 Glynn Avenue in the early morning hours of July 22, 1997 to investigate a possible burglarythis upon a call for assistance from Joyce Stregle who, while working late at the used car dealership owned by her husband, Fred, heard the sound of breaking glass. Officer McDaniel testified that upon arriving at the dealership she noticed that a light was on inside and observed movement behind the blind of a broken window. Following the arrival of back-up officers, Officer McDaniel went through the broken window and arrested the defendant whose left hand was cut and bleeding. Other evidence introduced at trial established that computer equipment and the keys to the cars on the lot were among the valuables inside the dealership and that Mr. Stregles’ checkbook had been moved from the middle left drawer of his desk to the desktop and opened. Held: