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Franklin v. State

The facts surrounding defendant's arrest and questioning clearly supported a finding that his statement was voluntary.

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Larry Franklin was indicted by a DeKalb County grand jury on three counts of burglary, aggravated assault, aggravated sexual battery, and criminal attempt to commit rape. The charge of criminal attempt was nol prossed as duplicative, and he was found guilty of the lesser included offense of criminal trespass on two counts of burglary and convicted of the remaining charges. Franklin’s motion for new trial was denied, and he appeals. Finding no error, we affirm.

1. In his first enumeration of error, Franklin contends the trial court erred in denying his motion to suppress his tape-recorded statement to the police after his arrest. “To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or the remotest fear of injury.” OCGA § 24-3-50.

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