506 S.E.2d 448 | Ga. Ct. App. | 1998
John Wesley Gidden was convicted by a jury of rape, aggravated sodomy, and aggravated sexual battery. Following the denial of his motion for new trial, Gidden appeals, contending that the trial court erred in denying his motion to suppress his custodial statement in violation of OCGA § 24-3-50.
“When reviewing a ruling on a suppression motion, the evidence must be construed most favorably toward the trial court’s findings and judgment unless they are clearly erroneous.” Anderson v. State, 224 Ga. App. 608, 610 (1) (481 SE2d 595) (1997). “Unless clearly erroneous, a trial court’s findings as to factual determinations and credibility relating to the admissibility of a confession will be upheld on appeal.” (Punctuation omitted.) Hunter v. State, 204 Ga. App. 25, 26-27 (418 SE2d 402) (1992).
Gidden contends that his statement was not voluntary because the detective who took it led him to believe that if he gave a statement he would be allowed to leave, but that if he did not give a statement he would be taken to jail.
Based upon the foregoing facts, the trial court’s determination that Gidden’s statement was voluntary is not clearly erroneous. Detective Broehl’s statements were mere truisms “or recounting of facts rather than a threat of injury or promise of benefit within the meaning of OCGA § 24-3-50.” Anderson, supra at 610 (1). See also Hunter, supra at 27.
Judgment affirmed.
OCGA § 24-3-50 provides: “To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.”
On appeal Gidden also contends that he made the statement because he had been led to believe he would receive bond in return. However, his testimony makes it clear that any discussion regarding bond did not take place until after his statement was given.