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Dagenhart v. State

Perry v. State, 175 Ga. App. 301 1985 governs only the admissibility of a minor's custodial statement.

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Larry Thomas Dagenhart appeals from his convictions for trafficking in methamphetamine OCGA § 16-13-31 and using a cellular phone to facilitate a violation of the Georgia Controlled Substances Act OCGA § 16-13-32.3. In his sole enumeration of error, Dagenhart contends that the trial court erred by admitting into evidence his custodial statement to police. We disagree and affirm. In support of his argument that the trial court erred, Dagenhart cites Perry v. State , 175 Ga. App. 301 333 SE2d 178 1985. As the State correctly points out, the legal standard in Perry governs the admissibility of statements made by minors, not adults like Dagenhart. See Reynolds v. State , 275 Ga. 548, 549-550 3 569 SE2d 847 2002. The proper standard for evaluating the admissibility of Dagenhart’s statement is whether, under the totality of the circumstances, he made it “voluntarily, without being induced by hope of benefit or coerced by threats.” Citation and footnote omitted. Id. at 550. See also Bishop v. State , 268 Ga. 286, 287 2 486 SE2d 887 1997.

Dagenhart argues that the trial court erred by admitting his statement because he had only a seventh grade education and the officer failed “to determine whether this obvious drug addict was under the influence of illegal drugs.” We find no merit in this argument.

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