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Canty v. State

The defendant's confession was involuntary and inadmissible, because he only implicated himself after being told by a detective that his cooperation could result in a shorter term.

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In Canty v. State , 297 Ga. App. 725 678 SE2d 169 2009, the Court of Appeals affirmed Alfonzo D. Canty’s convictions for criminal attempt to commit armed robbery and aggravated assault. Among other things, the Court of Appeals determined that the trial court did not err by denying Canty’s motion to suppress his confession as involuntary and induced by an improper hope of benefit. The record, however, shows that Canty incriminated himself only after being told that he might receive a “shorter term” by doing so. Accordingly, we reverse. “In a ruling on a motion to suppress, a trial court’s findings as to disputed facts will be reviewed under a clearly erroneous standard and . . . the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Citation omitted. State v. Ray , 272 Ga. 450 2 531 SE2d 705.

2000. The underlying crime for which Canty was tried in this case involved the attempted robbery of a Sonic Drive-In Restaurant. On the night of December 14, 2001, Tara Marquez was working as a carhop. While she was working outside, she noticed four males in the dim light, became apprehensive, and ran for the restaurant’s rear entrance. The four men pursued, and one of them grabbed her shirt as she escaped into the restaurant. Because of the poor lighting, Marquez could not identify her assailants.

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