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MARTIN v. STATE

No. A12A0063.

729 S.E.2d 437 (2012)

316 Ga. App. 220

MARTIN v. The STATE.

Court of Appeals of Georgia.

June 15, 2012.

Attorney(s) appearing for the Case

Lisamarie Nellyn Bristol , for Martin.

Layla Hinton Zon , Walter Cliff Howard , Marie Elizabeth Greene , for The State.

ADAMS, Judge.

James W. Martin, Jr. appeals the trial court's order denying his motion to suppress evidence seized from his truck. For the following reasons, we reverse.

The proper standard of review was recently reiterated by the Supreme Court:

(W)hen a motion to suppress is heard by the trial judge, that judge sits as the trier of facts.... (T)he trial court's decision with regard to questions of fact and credibility must be accepted unless clearly...

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