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Griffin v. State

The defendant's statement to an officer that his license was suspended constituted an admission, rather than a confession, which would require corroboration under O.C.G.A. § 24-3-53, since the statement did not include every essential element of the offense of driving with a suspended license.

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Following the revocation of his probation based on a finding that he drove with a suspended license, David Anthony Griffin appeals, contending that the evidence was insufficient to support the revocation. Because there was evidence supporting the trial court’s finding that Griffin drove with a suspended license, we affirm. “A court may not revoke any part of any probated or suspended sentence unless . . . the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged.” OCGA § 42-8-34.1 b. “This court will not interfere with a revocation unless there has been a manifest abuse of discretion on the part of the trial court. Accordingly, if admissible evidence is presented in support of the allegations regarding revocation of probation, this court will affirm.”1

So viewed, the record shows that a police officer observed Griffin driving a car suspected to have an illegal window tint.2 Shortly thereafter, the officer saw Griffin get out of the driver’s seat at a convenience store, and as the officer turned his vehicle around, Griffin’s vehicle left the convenience store, this time with Griffin’s brother driving. The officer executed a traffic stop and asked both men for their driver’s licenses. The brother produced his license, and Griffin told the officer that his license was suspended.

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