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Bowman v. State

The trial court properly admitted into evidence the custodial statement the then-16-year-old defendant made outside the presence of his guardians.

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Following the denial of his motion for new trial, Demetrius Bowman appeals his convictions for armed robbery, aggravated assault, aggravated battery and three counts of possession of a firearm during the commission of a crime.1 Bowman’s convictions were the result of his involvement in a home invasion. On appeal, Bowman does not challenge the sufficiency of the evidence. He contends instead that his custodial statements were not knowing and voluntary and thus were admitted into evidence in violation of his Fifth Amendment right against self-incrimination, and that his trial counsel was ineffective. Upon our review, we affirm.

1. Bowman first asserts that his custodial statements were admitted in violation of his Fifth Amendment right against self-incrimination. Bowman, who was 16 when he gave his custodial statement, contends that the trial court should not have considered the factors set forth in Riley v. State, 237 Ga. 124, 128 226 SE2d 922 1976, in ruling that this statements were admissible. Riley addresses a juvenile’s waiver of his Miranda2 rights while in police custody, but Bowman contends that the Riley factors do not apply here because his guardians did not consent in his presence to his police interrogation. Bowman maintains that his custodial statements were not knowing and voluntary because, as a minor, he should have been present when his guardians consented to him being interviewed by the police. Because he was not present when they consented, Bowman argues that he had no way of knowing what his guardians had been told, whether they had been informed of his Miranda rights, or whether they had actually consented at all.

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