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State v. Ray

The interrogating officers induced the 17-year-old defendant to confess by promising him years of freedom if he cooperated.

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The State appeals from the trial court’s ruling excluding the confession Scott Brandon Ray made to police on July 8, 1998 at the Port Wentworth Police Department. Ray is charged in a multi-count indictment for crimes arising out of the shotgun murder and armed robbery of Paulajayne Sprague at the Savannah Truck Wash. The State has filed its notice of its intention to seek the death penalty. Finding no clear error in the trial court’s determination that Ray’s confession was not voluntary, we affirm.

1. The State’s appeal was proper under OCGA § 5-7-1 a 4. See State v. Henderson, 271 Ga. 264 517 SE2d 61 1999; State v. Ritter, 268 Ga. 108, fn. 1 485 SE2d 492 1997. This Court earlier denied Ray’s motion to dismiss the appeal made on the basis that Unified Appeal Procedure proceedings, OCGA § 17-10-35 et seq., were pending in the trial court.

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