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Givens v. State

The officers denied giving the defendant any hope of benefit in exchange for his inculpatory statement.

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Terry Givens appeals his convictions for possessing cocaine, obstructing a police officer, and possessing a firearm as a convicted felon. He contends that the trial court erred in denying his motion to suppress his statement to the police and that he received ineffective assistance of counsel, necessitating a reversal of his conviction. Finding no error, we affirm for reasons that follow. 1. In considering an appeal from denial of a motion to suppress, we construe the evidence in favor of the trial court’s ruling, and we review de novo the trial court’s application of the law to undisputed facts.1 We accept the trial court’s ruling on disputed facts unless clearly erroneous, and we defer to the trial court’s determination regarding the credibility of witnesses.2

So viewed, the record shows that Officer Kennedy of the DeKalb County Police Department attempted to stop a vehicle being driven by Givens for an “inoperative tag light.” Givens jumped from the vehicle while it was still moving and ran in the direction of a wooded area. Kennedy gave chase on foot, drew his weapon, and ordered Givens to the ground. Givens attempted to run again, but was subdued by the officer. Kennedy arrested Givens for obstruction, handcuffed him, and placed him in the back seat of his patrol car. When Kennedy returned to Givens’ vehicle, he found a bag on the driver’s seat, which contained a loaded gun, cocaine, a green leafy substance, and cutting and measuring tools.

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