Holmes v. State

Holmes was convicted on one count of possession of cocaine, OCGA § 16-13-30 (a), and found to be a recidivist, OCGA § 17-10-7. In his sole enumeration of error, he contends the court erred in denying his motion to suppress evidence gained through an illegal search. We review the trial court's ruling on a motion to suppress by construing the evidence ""most favorably to uphold the findings and [222 GaApp Page 643] judgment[;] and the trial court's findings on disputed facts and credibility must be accepted unless clearly erroneous. [Cit.]"" Burse v. State, 209 Ga. App. 276 (433 S.E.2d 386) (1993). The evidence presented both at trial and at the motion hearing is considered. Beck v. State, 216 Ga. App. 532, 536 (1) (455 S.E.2d 110) (1995).