Legal Opinion

Rocco v. State

Court of Appeals of Georgia

Decided June 17, 2004No. A03A1512PublishedCited by 13 opinions

1Opinion of the Court

JOHNSON, Presiding Judge.

This appeal from convictions for drug offenses challenges the trial court’s denial of a motion to suppress evidence. We find that the motion was properly denied and thus affirm the convictions.

“Where the evidence on a motion to suppress is uncontroverted and credibility is not an issue, we review the evidence and the application of the law thereto de novo, construing all evidence in favor *901of the trial court’s judgment.”1 In this case, a sheriffs investigator was the only witness at the motion to suppress hearing. His testimony has not been controverted and his…

2Cases cited5 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Reece v. StateCourt of Appeals of Georgia · 2002
  3. State v. RoccoCourt of Appeals of Georgia · 2002
  4. Clarke v. StateCourt of Appeals of Georgia · 1997
  5. Dudley v. StateCourt of Appeals of Georgia · 1998

3Cited by13 opinions

  1. State v. CauleyCourt of Appeals of Georgia · 2006
  2. Hess v. StateCourt of Appeals of Georgia · 2009
  3. Prince v. StateCourt of Appeals of Georgia · 2009
  4. Thomas v. StateCourt of Appeals of Georgia · 2007
  5. Wilkinson v. StateCourt of Appeals of Georgia · 2006

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