Legal Opinion

Brown v. State

Court of Appeals of Georgia

Decided December 15, 2006No. A07A0064PublishedCited by 2 opinions

1Opinion of the Court

Phipps, Judge.

Nepolean Brown appeals his convictions of possession of marijuana with intent to distribute and possession of marijuana with intent to distribute within 1,000 feet of a housing project. He contends that the trial court erred in denying his motion to suppress. Finding no error in the trial court’s denial of that motion, we affirm.

In reviewing the trial court’s ruling on a motion to suppress, we follow three principles: First, when a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. The trial judge hears the evidence, and his findings based…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Ybarra v. IllinoisSupreme Court of the United States · 1980
  3. Edgell v. StateCourt of Appeals of Georgia · 2002
  4. Williams v. StateCourt of Appeals of Georgia · 2005
  5. Jones v. StateCourt of Appeals of Georgia · 1999

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3Cited by2 opinions

  1. Ramsey v. StateCourt of Appeals of Georgia · 2010
  2. Walker v. StateCourt of Appeals of Georgia · 2008

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