A Douglas County jury found Willie Carl Porter guilty of two counts of theft by receiving, seven counts of burglary, and one count of felony obstruction of an officer. On appeal, Porter claims the trial court erred in failing to grant his motions to suppress 1 evidence resulting from the initial stop and subsequent search of a red Jeep Cherokee he was driving on January 6, 2000, 2 evidence seized in the execution of a search warrant for the residence of Talitha Desiree Leever, and 3 his in-custody statement to investigator James Harrell. Porter also claims the trial court erred in allowing improper similar transaction evidence, in failing to direct a verdict in his favor on the burglary counts, and in failing to charge the jury on theft by receiving as a lesser included charge of burglary. For reasons that follow, we affirm. 1. Porter contends the trial court erred in denying his motion to suppress the results of the search of the red Jeep Cherokee he was driving on January 6, 2000, because the police did not have reasonable, articulable suspicion to stop the Jeep to question him. We disagree.
On review of the grant or denial of a motion to suppress, this Court “construes the evidence most favorably to uphold the findings and judgment of the trial court, and we will not disturb the trial court’s findings on disputed facts and credibility unless those findings are clearly erroneous.” Citation omitted. Vaughn v. State , 247 Ga. App. 368 543 SE2d 429 2000. So viewed, the evidence shows that around 9:20a.m. on January 6, 2000, Bonita Martin and Susan Arnett were home when they noticed a red Jeep Cherokee pull into their driveway. After the Jeep remained in the driveway without moving for about five minutes, Martin went to the front door to investigate. Martin saw a teenage girl peering into the garage windows. When Martin asked the girl what she was doing, the girl responded that she was looking for someone with her school books. The girl then got into the Jeep with a man that Martin judged to be “a good bit older than her,” and the Jeep drove away. Martin noticed a small spare tire in place on the rear of the Jeep. Martin discussed the incident with Arnett and they decided to call the police.
