Reeves v. State

• Court: Georgia Court of Appeals
• Writing for the Court: SOGNIER; QUILLIAN, P.J., and POPE
• Citation: Reeves v. State, 314 S.E.2d 682, 169 Ga.App. 665 (Ga. App. 1984)
• Decision Date: 01 February 1984
• Docket Number: No. 66839,66839
• Parties: REEVES v. The STATE.

Page 682

314 S.E.2d 682

169 Ga.App. 665

REEVES v. The STATE.

No. 66839.

Court of Appeals of Georgia.

Feb. 1, 1984.

Kit Barron Bradshaw, Cartersville, for appellant.

Darrell E. Wilson, Dist. Atty., Gerard P. Verzaal, Asst. Dist. Atty., for appellee.

SOGNIER, Judge.

Appellant was convicted of driving without headlights, driving with no insurance on his automobile, and possession of more than one ounce of marijuana in violation of the Georgia Controlled Substances Act. He appeals (1) on the general grounds. He also contends the trial court erred (2) by denying his motion to suppress evidence relating to a consent to search, or in the alternative a motion in limine relating to the consent, and (3) by denying his motion to suppress evidence seized in a search of his house.

Appellant's home was under surveillance and around 5:00 P.M., December 4, 1981 he was observed leaving his house and getting into his car carrying a set of scales. The investigators observing appellant alerted the sheriff to be on the lookout for appellant's car. About 5:50 P.M. the sheriff observed appellant driving toward his home and followed him. After a short distance appellant was stopped and arrested for driving without headlights, making a turn without signalling, and failure to have insurance coverage on the car. A set of scales and a box of baggies on the front seat of the car were confiscated. Appellant was informed by the sheriff and other investigators who were present that they wanted to search his house. Appellant signed a consent to search form and he and the law enforcement officers proceeded to appellant's home. A search was conducted and a plastic bag containing marijuana was found under a mattress in a bedroom. A sack of marijuana was found in a warming oven on a barbecue grill on the front porch; some syringes were found in the house; and a notebook in appellant's handwriting containing references to "pot" and "crank" (slang for marijuana and amphetamines) was found in the house, which was owned by appellant.

Appellant denied that the marijuana belonged to him and presented evidence that the bedroom where the marijuana was found was occupied by Larry Harkins, who lived at the house with appellant.

1. We find the evidence sufficient to support the verdict. Appellant was convicted in a non-jury trial, and the weight of the evidence and the credibility of witnesses are questions for the trier of fact. Armour v. State, 154 Ga.App. 740, 270 S.E.2d 22 (1980). We find the evidence sufficient to meet the standards of proof required by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560.

2. Appellant contends the trial court erred by denying his motion to suppress the consent to search form he signed, or in the alternative his motion in limine relating to his consent to search. Prior to trial appellant timely submitted a written request pursuant to the provisions of OCGA § 17-7-210 (formerly Code Ann. § 27-1302) for all statements given by him while in custody. Appellant argues that his signature on the consent to search form was a "statement," and since a copy of the statement was not given to him as required, evidence relating to the statement should have been suppressed. We do not agree.

OCGA § 17-7-210 (Code Ann. § 27-1302) protects an accused from introduction at trial of incriminating or inculpatory statements made by him while in police custody unless he has been furnished...