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Jenkins v. State

The trial court did not clearly err in determining that defendant's custodial statement was voluntary based on the investigators' testimony that they did not threaten to take defendant's children away.

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Derrick Dewayne Jenkins was convicted of armed robbery and possession of a firearm during the commission of a felony. After the denial of his motion for new trial, Jenkins appeals, challenging the admission of his confession. We discern no error and affirm.

Jenkins claims that his statement admitting to the robbery was involuntary because it was obtained through threats and the hope of benefit. At the Jackson-Denno hearing, Jenkins testified that the reason he confessed to committing the robbery was because one of two investigators who interviewed him promised a lighter sentence if he confessed. Jenkins further testified that this same investigator threatened him with physical harm and told Jenkins that if he did not cooperate he would have Jenkins’s kids taken away from him. Both investigators testified that they did not offer Jenkins the slightest hope benefit of a lighter sentence and that they did not threaten him. And both denied telling Jenkins that they would take away his children.

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