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Morris v. State

The interrogating officer made the comment that there would be no more charges in the context of encouraging the defendant to be truthful, and such did not constitute a promise that the defendant would receive a lighter punishment in exchange for a confession.

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Vincent Troy Morris was convicted of criminal street gang activity, criminal attempt to commit armed robbery, two counts of aggravated assault, and possession of a firearm during the commission of a felony. He appeals his convictions, arguing that the trial court erred in denying in part his motion to suppress; that the trial court erred in ruling that the state could use statements Morris made during proffer negotiations to impeach him, if he presented any evidence or defense that contradicted the proffer; and that he received ineffective assistance of counsel.

We find that the trial court did not err in denying in part Morris’s motion to suppress because the comment about which he complains did not express a hope of benefit; that the trial court did not err in enforcing the proffer agreement; and that Morris has not shown that trial counsel’s performance was deficient. We therefore affirm Morris’s convictions.

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