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Mosely v. State

Under the totality of the circumstances, the trial court was entitled to disbelieve defendant's testimony that an officer told him that police would go easier on him if he cooperated.

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A Jeff Davis County jury convicted Terrance Jay Mosely of armed robbery, OCGA § 16–8-41 a. Mosely appeals from the denial of his motion for new trial, contending the trial court erred in admitting his custodial statement. Finding no error, we affirm.

Mosely argues that the trial court erred in ruling that his custodial statement was freely and voluntarily made and without the hope of benefit. He contends he gave a statement so that the police would “go easier” on him and he “would get mercy of the Court.” At a Jackson v. Denno1 hearing, the State established that Mosely was taken into custody very shortly after the May 17, 2000 armed robbery of a Hazlehurst, Georgia convenience store. Upon Mosely’s arrest and again immediately prior to his interview at the jail, an investigator read Mosely each of the Miranda2 warnings from a card. Mosely agreed to speak with the investigator without an attorney present. He signed a written statement admitting his involvement in the robbery. The investigator testified that he made no threats or promises to induce this statement, and that Mosely agreed to talk of his own free will.

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