The State appeals from the trial court’s order granting the motion to suppress filed by Christopher Godbolt, on the ground that evidence seized by the police originated out of an illegal arrest. Because we conclude that the trial court misapplied the law to the facts of this case, we reverse. Along with two codefendants, Godbolt was charged with armed robbery and aggravated assault. Godbolt filed motions in limine to exclude his own statements and the statement of a deceased eyewitness. He also filed a motion to suppress “show up” identification testimony. These motions were denied by the trial court. The case proceeded to trial, which resulted in a hung jury. The trial court subsequently sua sponte reconsidered its earlier rulings and granted Godbolt’s motion to exclude the statement of the deceased eyewitness. Godbolt then filed a motion to exclude his statement made at the scene and again sought exclusion of the victim’s show-up identification. He also moved to dismiss the indictment on the same ground. The court denied the motion to dismiss but granted Godbolt’s motion to exclude his statement and the show-up identification evidence, on the ground that this evidence derived from an illegal arrest. The State raises no questions on appeal as to the ruling concerning the admissibility of the deceased witness’s statement but does contend that the trial court erred in suppressing the show-up identification testimony and Godbolt’s statement. We agree with the State that this evidence was not the product of an illegal arrest.
Evidence presented at trial showed that the victim, a bread truck driver, was parked in front of a convenience store at approximately 6:40 a.m. He saw three men talking with a man whom he recognized as Dock Love. Love was sitting on a bench near the store. After speaking with Love, the three men approached the victim, pulled him from the truck, and robbed him at knife-point. After they took cash and a cellular telephone from the victim, threatened to stab him, and kicked him while he lay on the ground, the three men ran up North Avenue in Hapeville.
