Maloy v. State

Following a bench trial, Calvin Coolidge Maloy, Jr. was convicted of possession of marijuana with the intent to distribute, possession of drug-related objects, and a taillight violation OCGA § § 16-13-30 b; 16-13-32.2; and 40-8-23.1 Maloy appeals, claiming that the trial court erred in denying his motion to suppress. We discern no error and affirm. In reviewing a trial court’s denial of a motion to suppress, our task is to ensure that there was a substantial basis for the court’s decision.2 We construe the evidence most favorably to uphold the judgment, and we accept the court’s findings on disputed facts and credibility unless they are clearly erroneous.3 “Further, since the trial court sits as the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if there is any evidence to support them.”4

So viewed, the record shows that on February 12, 2007, Deputy James Bruhl with the Dawson County Sheriff’s Department initiated a traffic stop on a vehicle with a broken taillight. Maloy, who was the driver and sole occupant of the vehicle, provided Bruhl with his driver’s license, and Bruhl reported Maloy’s license number to dispatch. After dispatch informed Bruhl that Maloy was the subject of “possible” outstanding warrants in Fulton County, Bruhl asked Maloy to exit the vehicle and handcuffed him.