Pemberton v. State

Blackburn, Judge.

Aaron Scott Pemberton appeals his conviction of armed robbery. On appeal, Pemberton contends the trial court erred in failing to grant his motion to suppress and his motion for mistrial.

1. By his motion to suppress, Pemberton sought to exclude the pellet/BB gun used in the robbery from evidence. Pemberton argued that his confession, which led to the discovery of the pellet/BB gun, was involuntary. The trial court denied Pemberton’s motion finding that his confession was voluntary within the meaning of OCGA § 24-3-50.

At the hearing on Pemberton’s motion to suppress, Detective…