Smothers v. State

ERVIN, Judge.

Timothy Smothers raises two issues in this appeal from his conviction of attempted armed robbery. We affirm the first issue, finding it without merit, but reverse as to the second issue, and conclude that reversible error was committed by the trial court.

Smothers was charged with attempted armed robbery of a McDonald’s restaurant. Appellant filed a pretrial motion to suppress a statement he had made to a police officer as involuntary, alleging that he had not been Mirandized at the time the statement was given to the officer. The trial court diol not conduct a hearing on the…