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Fitz v. State

The affidavit which set forth specific information connecting defendant to the murder victims provided a substantial basis for the magistrate to conclude that probable cause existed to issue the search warrant.

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Victorino Fitz and six others were charged in an 18-count indictment with multiple felony offenses in connection with the shooting deaths of Manuel Martinez, Darrell Gibbs, and Darreul Johnson.1 Fitz was tried separately and was found guilty of malice murder, felony murder, aggravated assault, possession of a weapon, and false imprisonment in connection with the shooting death of Martinez; malice murder, felony murder two counts, kidnapping, aggravated assault, and possession of weapon in connection with the shooting death of Gibbs; and malice murder, felony murder, aggravated assault, possession of weapon, and false imprisonment, in connection with the shooting death of Johnson. On appeal, Fitz asserts that a warrant to search his home was issued without probable cause, and he challenges the admissibility of his custodial statement. Finding no error, we affirm.

Fitz was dealing drugs from his apartment in the Copeland Road area of Atlanta. He was told by others that a rival drug dealer, Dyral Vire, had hired several people to kill him, including victims Gibbs and Johnson. As a result, Johnson was brought to Fitz’s apartment where he was bound with rope and beaten.

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