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S09G1465. CANTY v. THE STATE
State: Georgia
Court: Supreme Court
Docket No: S09G1465
Case Date: 03/01/2010
Preview:Final Copy 286 Ga. 608 S09G1465. CANTY v. THE STATE. Melton, Justice. In Canty v. State, 297 Ga. App. 725 (678 SE2d 169) (2009), the Court of Appeals affirmed Alfonzo D. Canty's convictions for criminal attempt to commit armed robbery and aggravated assault. Among other things, the Court of Appeals determined that the trial court did not err by denying Canty's motion to suppress his confession as involuntary and induced by an improper hope of benefit. The record, however, shows that Canty incriminated himself only after being told that he might receive a "shorter term" by doing so. Accordingly, we reverse. "In a ruling on a motion to suppress, a trial court's findings as to disputed facts will be reviewed under a clearly erroneous standard and . . . the trial court's application of the law to undisputed facts is subject to de novo appellate review." (Citation omitted.) State v. Ray, 272 Ga. 450 (2) (531 SE2d 705) (2000). The underlying crime for which Canty was tried in this case involved the attempted robbery of a Sonic Drive-In Restaurant. On the night of December

14, 2001, Tara Marquez was working as a carhop. While she was working outside, she noticed four males in the dim light, became apprehensive, and ran for the restaurant's rear entrance. The four men pursued, and one of them grabbed her shirt as she escaped into the restaurant. Because of the poor lighting, Marquez could not identify her assailants. On July 19, 2002, Canty was being held in the Bulloch County jail on unrelated charges involving robbery and damage to property, and he was called in for an interview regarding these charges by Detective Terry Briley.1 Detective Katrina Marson also attended this interview, and, at one point, she asked Canty if he knew anything about the attempted robbery at the Sonic. Canty responded that he believed that the attempted robbery had been committed by Levi and Lenzie Wilkerson. He did not implicate himself. Marson testified that, at this point, she "was encouraging [Canty] that
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