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Myers v. State

Officers had a right to enter a hotel parking lot and had a legitimate reason for approaching the defendant's vehicle where they observed stolen merchandise in plain view.

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Following a jury trial, Milton Myers was found guilty beyond a reasonable doubt of burglary. OCGA § 16-7-1. He appeals from his conviction and the denial of his motion for new trial, contending that the trial court erred in denying his motion to suppress evidence. For the following reasons, we affirm.

In reviewing the grant or denial of a motion to suppress, we construe the evidence in a light most favorable to upholding the trial court’s findings and judgment. When the trial court’s findings are based upon conflicting evidence, we will not disturb the lower court’s ruling if there is any evidence to support its findings, and we accept the court’s credibility assessments unless clearly erroneous. The trial court’s application of law to undisputed facts, however, is subject to de novo review.

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