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Pugh v. State

Trial counsel did not render ineffective assistance in failing to file a motion to exclude statements the defendant made during his interview with investigators, as the defendant was not in custody at the time he made the statements, since a reasonable person in the defendant's situation would have concluded that he was free to leave.

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Following a jury trial, Brandon Sanchez Pugh was convicted on three counts of armed robbery OCGA § 16-8-41 and two counts of a false statement to a law enforcement officer OCGA § 16-10-20. He appeals from the denial, in part, of his motion for new trial, contending that he had ineffective assistance of counsel.1 For the following reasons, we affirm.

Viewed in the light most favorable to the verdict,2 the evidence shows that around 9:00 a.m. on August 18, 2008, Tracy Dukes, Betty Williams, and Areli Lynn Sanders were working as tellers at a Wachovia Bank branch when two African-American males wearing ski masks and gloves entered the bank, held them at gunpoint, and robbed them of approximately $18,000. The masked men took money from the tellers, which was placed into bags along with red dye packs. The men then took the bags and fled the bank.

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