Mayberry v. State

RUFFIN, Presiding Judge.

A jury found Donald Gene Mayberry guilty of aggravated assault, burglary, and obstruction. Mayberry appeals, asserting that the trial court erred in denying his motion to suppress certain custodial statements he made to the police. The trial court found that Mayberry was not in custody when the statements were made and thus admitted the statement. For reasons that follow, we affirm.

“The issue presented, as to whether appellant was in custody for Miranda purposes, is a mixed question of law and fact. We will not reverse the trial court’s fact findings which underpin its…