Beider v. State

Court of Appeals of Georgia

Beider v. State

404 S.E.2d 312, 199 Ga. App. 210, 1991 Ga. App. LEXIS 379

CourtCourt of Appeals of Georgia

DecidedMarch 5, 1991

DocketA90A2244

StatusPublished

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Beider v. State, 404 S.E.2d 312, 199 Ga. App. 210, 1991 Ga. App. LEXIS 379 (Ga. Ct. App. 1991).

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Opinion

Birdsong, Presiding Judge.

Richard Alan Beider appeals his conviction for possession of marijuana. He alleges that the trial court erred by denying his motion to suppress; he also alleges that as his conviction was based upon illegally obtained evidence, the trial court erred by entering his conviction and sentence. Held:

1. Although Beider contends his motion to suppress should have been granted because the rangers searched his truck after an illegal investigative stop, the trial court, after an evidentiary hearing on his motion, found that rangers from the State Department of Natural Resources were engaged in a legitimate investigative stop and that the subsequent seizure of the drug was authorized. Decisions on questions | of fact and credibility made at a suppression hearing must be ac-[ cepted unless clearly erroneous. Santone v. State, 187 Ga. App. 789, 790 (371 SE2d 428). The evidence introduced at the hearing shows that two rangers were investigating reports of illegal night hunting when they approached Beider and his friend. In the course of this! conversation, one of the rangers said that he saw marijuana in the| front of Beider’s truck. This evidence amply supports the findings of! the trial court. Further, we are satisfied that the ranger’s conduct, i.e.,| looking in the truck window, did not constitute an illegal intrusion! into Beider’s truck. Freeman v. State, 195 Ga. App. 357 (393 SE2d 496); Galloway v. State, 178 Ga. App. 31, 33-34 (342 SE2d 473). Accordingly, the trial court did not err by denying Beider’s motion tc suppress.

2. In view of our holding in Division 1, there was sufficient evi-l dence to support the conviction under the requirements of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Judgment affirmed.

Banke, P. J., and Cooper, J., concur. [211]*211Decided March 5, 1991 Rehearing denied March 20, 1991. Paul S. Weiner, for appellant. Tommy K. Floyd, District Attorney, Marie R. Banks, Assistant District Attorney, for appellee.

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Birdsong, Presiding Judge.

Richard Alan Beider appeals his conviction for possession of marijuana. He alleges that the trial court erred by denying his motion to suppress; he also alleges that as his conviction was based upon illegally obtained evidence, the trial court erred by entering his conviction and sentence. Held:

1. Although Beider contends his motion to suppress should have been granted because the rangers searched his truck after an illegal investigative stop, the trial court, after an evidentiary hearing on his motion, found that rangers from the State Department of Natural Resources were engaged in a legitimate investigative stop and that the subsequent seizure of the drug was authorized. Decisions on questions | of fact and credibility made at a suppression hearing must be ac-[ cepted unless clearly erroneous. Santone v. State, 187 Ga. App. 789, 790 (371 SE2d 428). The evidence introduced at the hearing shows that two rangers were investigating reports of illegal night hunting when they approached Beider and his friend. In the course of this! conversation, one of the rangers said that he saw marijuana in the| front of Beider’s truck. This evidence amply supports the findings of! the trial court. Further, we are satisfied that the ranger’s conduct, i.e.,| looking in the truck window, did not constitute an illegal intrusion! into Beider’s truck. Freeman v. State, 195 Ga. App. 357 (393 SE2d 496); Galloway v. State, 178 Ga. App. 31, 33-34 (342 SE2d 473). Accordingly, the trial court did not err by denying Beider’s motion tc suppress.

2. In view of our holding in Division 1, there was sufficient evi-l dence to support the conviction under the requirements of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Judgment affirmed.

Banke, P. J., and Cooper, J., concur. [211]*211Decided March 5, 1991 Rehearing denied March 20, 1991. Paul S. Weiner, for appellant. Tommy K. Floyd, District Attorney, Marie R. Banks, Assistant District Attorney, for appellee.

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404 S.E.2d 312, 199 Ga. App. 210, 1991 Ga. App. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beider-v-state-gactapp-1991.

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