Following a stipulated bench trial, the trial court found Kenan Daniels guilty of possession of a firearm by a convicted felon. Daniels appeals, contending the trial court erred by denying his motion to suppress. As we find that the trial court erred by denying Daniels’ motion to suppress, we must reverse his conviction and remand the case to the trial court with direction to grant Daniels’ motion to suppress. In this State, when an appellate court reviews a trial court’s decision on a motion to suppress, our responsibility is to ensure that there was a substantial basis for the decision. Morgan v. State , 195 Ga. App. 732, 735 3 394 SE2d 639 1990. We are guided by three principles when interpreting the trial court’s determination of the facts. When considering such a motion the trial court is the trier of facts. The court hears the evidence, and when its findings are based upon conflicting evidence, they are analogous to a jury verdict and must not be disturbed by an appellate court if any evidence supports them. Also, the trial court’s decisions regarding questions of fact and credibility of witnesses must be accepted unless they are clearly erroneous, and the evidence must be construed most favorably toward upholding the trial court’s findings and judgment. Tate v. State , 264 Ga. 53, 54 1 440 SE2d 646 1994. Additionally, when the evidence is uncontroverted and no question about a witness’s credibility exists, “the trial court’s application of the law to undisputed facts is subject to de novo appellate review.” Vansant v. State , 264 Ga. 319, 320 1 443 SE2d 474 1994. Hobbs v. State , 272 Ga. App. 148 1 611 SE2d 775 2005. As the evidence is not controverted and no question of credibility exists, we will review the trial court’s ruling de novo.
The evidence at the suppression hearing showed that at approximately 1:00 a.m. on November 15, 2009, a woman flagged down a patrol officer to report that her boyfriend had struck her, leaving a knot the size of a golf ball on her forehead, took her car keys, and left on foot from their hotel. The victim described the man as a light-skinned black male wearing a black leather coat, black pants, and black “Jordan” shoes. The officers began looking for the perpetrator in the area, and five to ten minutes later, they saw Daniels walking about two blocks from the scene. They detained him as soon as they saw him.
