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Robinson v. State

Defendant was not in custody when the police investigator asked him about how and why he was transported to a specific hospital after he suffered a gunshot wound.

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Don Robinson appeals his convictions for felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the fatal shooting of security guard Stacy Stegall. His sole challenge is to the denial of his motion to suppress statements he made at the hospital while he was being treated for injury sustained in the shooting. Finding the challenge to be without merit, we affirm.1 Construed to support the verdicts, the evidence showed that on May 26, 1998, during a fight at an adult entertainment club, Robinson fired a handgun into the lobby. Security guard Stacy Stegall was fatally wounded, and Tempest Jackson, a cashier, was shot in the arm and chest. Robinson threatened Ronnie Myers, the manager, with the pistol. Myers was able to describe the shooter’s shirt as white with blue and yellow. He also identified Robinson as the shooter.

At the club, Atlanta Police Investigator R.E. Chambers learned that the shooter shot himself when he put the handgun in his back pocket. A blood trail led from the club lobby to a bloody white Adidas tennis shoe in the street. Someone was seen leaving the club in a dark Ford Explorer. Police inquiries to area hospitals revealed that Robinson had been admitted to Cobb General Hospital with a gunshot wound. A security officer saw Robinson arrive at the hospital in a dark sport utility vehicle.

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