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WHITENER v. STATE

No. A05A0086.

611 S.E.2d 707 (2005)

272 Ga. App. 28

WHITENER v. The STATE.

Court of Appeals of Georgia.

March 7, 2005.

Attorney(s) appearing for the Case

Gregory Douds, Flint & Connolly, LLP, Canton, for Appellant.

Garry Moss, District Attorney, Thomas Bowers III, Assistant District Attorney, for Appellee.

PHIPPS, Judge.

Kelley Whitener makes this interlocutory appeal from the trial court's denial of his motion to suppress. For reasons that follow, we affirm.

We must abide by the following three principles when reviewing a trial court's order concerning a motion to suppress evidence:

First, the judge sits as the trier of facts. The trial judge hears the evidence, and his findings based upon conflicting evidence are analogous to the verdict of a jury...

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