Daniel v. State

Quillian, Presiding Judge.

The defendant appeals his conviction for the offense of sodomy. Held:

1. Relying upon the "fruit of the poison tree” doctrine, defendant contends his confession was inadmissible because it followed "a one-on-one showup confrontation with the victim” in violation of his due process rights under the Fifth and Fourteenth Amendments of the Constitution. We do not agree.

From the evidence, the jury was authorized to find the defendant entered the apartment of the victim, awakened her, advised her that he was not going to rape her but only wanted to have "oral sex.” After he…