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Benike v. State

10/18/1999

ice report shows that Benike gave permission to "check the vehicle," the other officer testified at one point that Benike gave permission for them to "search." As in Corley, supra, in which we affirmed the trial court's assessment of the evidence and witnesses, the findings below are analogous to a jury verdict and we must defer to them if supported by any evidence. Tate, supra.


While Benike's counsel repeatedly and vigorously cross-examined the officers regarding their exact words, the sequence of events leading to Benike's arrest, and the wording of the police reports, the trial court is the final Judge of credibility. Discrepancies in the officers' testimony, if any, go only to weight and credibility, and the trial court as trier of fact was authorized to believe parts of the officers' testimony and reject other parts. Hicks v. State, 221 Ga. App. 735, 736 (1) (472 SE2d 474) (1996).


The trial court did not err in denying Benike's motion to suppress.


Judgment affirmed. Pope, P. J., and Eldridge, J., concur.




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