LOBANIA v. STATE

No. CA CR 97-592.

959 S.W.2d 72 (1998)

60 Ark.App. 135

Bilgay LOBANIA, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division I.

January 21, 1998.


Attorney(s) appearing for the Case

Robert C. Marquette, Van Buren, for Appellant.

Winston Bryant, Attorney General, Gil Dudley Assistant Attorney General, Little Rock, for Appellee.


ROGERS, Judge.

In a jury trial, the appellant, Bilgay Lobania, was convicted of rape and sentenced to a term of ten years in prison. As his only issue on appeal, appellant contends that the trial court erred in denying his motion to suppress evidence seized in a search of his residence. We reverse, because we agree that the record fails to demonstrate that appellant voluntarily consented to the search.

The testimony adduced at the suppression hearing was as...

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