Henderson v. State
| Decision Date | 22 November 1993 |
| Docket Number | No. A93A2248,A93A2248 |
| Citation | 438 S.E.2d 181,211 Ga.App. 102 |
| Parties | HENDERSON v. The STATE. |
| Court | Georgia Court of Appeals |
Franklin, Moran & Boyle, Brooks S. Franklin, Atlanta, for appellant.
Daniel J. Porter, Dist. Atty., Donald L. Johstono, Jr., Asst. Dist. Atty., for appellee.
Walter Lewis Henderson appeals his judgment of conviction and sentence of possession of cocaine with intent to distribute and possession of marijuana with intent to distribute. The trial court denied appellant's suppression motion. Subsequently, appellant was found guilty by the trial judge in a bench trial in which the parties stipulated to evidence and the trial court took judicial notice of the suppression motion hearing transcript at the parties' joint request. Held:
1. The case citations in appellant's brief are not in compliance with Court of Appeals Rule 11(c).
2. Appellant asserts the trial court erred in denying the suppression motion on the grounds appellant lacked standing to contest the search and that probable cause existed therefor. Pretermitting the issue of probable cause is whether appellant has standing to contest the search and subsequent seizure of the contents of the bag. We hold appellant does not have standing.
"[I]t is our obligation on appeal to construe the evidence most favorably to support the trial court's ruling [on the suppression motion]." State v. Corley, 201 Ga.App. 320, 321, 411 S.E.2d 324 (physical precedent only); see Santone v. State, 187 Ga.App. 789, 790, 371 S.E.2d 428. At the suppression hearing, the evidence concerning the circumstances surrounding the search was conflicting regarding whether appellant claimed any legal or equitable interest in the car and bag. " 'Unless clearly erroneous, the trial court's ruling on disputed facts and credibility at a suppression hearing must be accepted on appeal.' " State v. Davis, 261 Ga. 225, 226, 404 S.E.2d 100.
The trial court concluded that appellant "doesn't have any standing to contest the search of a car that he says is not his." Investigator Gresham of the county sheriff's department testified that, although appellant had denied permission to retrieve the bag from the car unless the investigator obtained a warrant, appellant also denied ownership of the car claiming it was owned by his cousin. Appellant further told the investigator that he did not know where his cousin was; and in response to a question as to how long the car had been at its current location, replied: "I don't know, like a few days." The trial court could reasonably infer from this testimony that appellant was denying any legal or equitable interest in, or right of temporary possession of, the car. The investigator also testified that, when asked what he had thrown into the car, appellant replied "nothing." When the investigator asked "what is in the bag," appellant said, "what bag." The trial court could reasonably infer from this testimony that appellant was, in fact, denying any legal or equitable interest in, or right of temporary possession of, the bag. Inherent in the trial court's finding of appellant's lack of standing is its determination that the investigator's testimony was more credible than that of appellant and...
To continue reading
Request your trial
-
Barlow v. State
...most favorably to support the trial court's ruling on the suppression motion.” (Citation and punctuation omitted.) Henderson v. State, 211 Ga.App. 102, 103(2), 438 S.E.2d 181 (1993). Here, there was evidence to support the trial court's determination that Barlow did not have a legitimate ex......
-
State v. Graddy
...right.' (Citations and punctuation omitted.) Deych v. State, 188 Ga.App. 901, 902(1), 374 S.E.2d 753 [(1988)]." Henderson v. State, 211 Ga.App. 102, 103(2), 438 S.E.2d 181 (1993); see also Nation v. State, 252 Ga.App. 620, 623(2), 556 S.E.2d 196 5. The remaining two enumerations deal with t......
-
Newton v. State
...Indeed, as the State points out, Newton disclaimed any ownership or possessory interest in the outbuilding. See Henderson v. State, 211 Ga.App. 102, 103(2), 438 S.E.2d 181 (1993) (“When, as in the instant case, the accused disavows ownership of or other legitimate possessory interest in the......
-
State v. Harris
...expectation of privacy in that item, and thus a search violates no right." (Citations and punctuation omitted.) Henderson v. State, 211 Ga.App. 102, 103(2), 438 S.E.2d 181 (1993). Harris did have a legitimate expectation of privacy in his car. See generally Edwards v. State, 194 Ga.App. 571......