Whitener v. State

Phipps, Judge.

Kelley Whitener makes this interlocutory appeal from the trial court’s denial of his motion to suppress. For reasons that follow, we affirm.

We must abide by the following three principles when reviewing a trial court’s order concerning a motion to suppress evidence:

First, the judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Second, the trial court’s decision with regard to questions…