SUTTON v. STATE

No. A12A2223.

737 S.E.2d 706 (2013)

319 Ga. App. 597

SUTTON v. The STATE.

Court of Appeals of Georgia.

January 25, 2013.


Attorney(s) appearing for the Case

Graham McKinnon IV , Gainesville, for Appellant.

Lee Darragh , Gainesville, Lindsay Hunter Burton , Alison Wilson Toller , for Appellee.


ELLINGTON, Chief Judge.

Eric Sutton appeals from the denial of his motion to suppress evidence seized pursuant to a search warrant executed at his home.1 He contends that the trial court erred in denying the motion based upon a finding that the affidavit accompanying the search warrant application was legally sufficient to establish probable cause. As explained below, we agree and reverse.

Under OCGA § 17-5-30(a)(2), a defendant...

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