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Presley v. State

The evidence supported a finding that defendant hid a handgun in the county courthouse for another inmate to use in a foiled escape.

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A Barrow County jury convicted Dallas Lee Presley of conspiracy to commit aggravated assault, OCGA § 16-4-8; 16-5-21 a; and delivery of a firearm to an inmate, OCGA § 42-4-13 d 1 A. Following the denial of his motion for a new trial, Presley appeals, challenging the form of the indictment, the admission into evidence of his inculpatory statement, and the sufficiency of the evidence. Finding no error, we affirm.

1. Presley contends the trial court erred in admitting his custodial statement. A custodial statement is admissible only if it was made “voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.” OCGA § 24-3-50. “To determine whether the state has proven that a confession was made voluntarily, the trial court must consider the totality of the circumstances.” Punctuation and citation omitted. Gober v. State, 264 Ga. 226, 228 2 b 443 SE2d 616 1994. See Jackson v. Denno, 378 U. S. 368 84 SC 1774, 12 LE2d 908 1964. “The trial court sits as the factfinder in a Jackson-Denno hearing, and its resolution of factual issues will be upheld by the appellate court unless it is clearly erroneous.” Citation omitted. York v. State, 242 Ga. App. 281, 292 6 528 SE2d 823 2000. A statement may be voluntary even where, as here, the suspect has a limited education. Rachel v. State, 247 Ga. 130, 132-133 2 274 SE2d 475 1981; Gilham v. State, 232 Ga. App. 237, 239-240 2 501 SE2d 586 1998; Newsome v. State, 180 Ga. App. 243, 244 3 348 SE2d 759 1986.

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