Opinion
A89A1243.
DECIDED SEPTEMBER 5, 1989.
Drug violation. Glynn Superior Court. Before Judge Killian.
John W. Davis, for appellant.
Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, for appellee.
Bassford was convicted of trafficking in cocaine. On appeal, his sole enumeration of error is that the trial court erred in resolving the fact question of whether Bassford voluntarily consented to the search by which the contraband was discovered rather than submitting the issue to the jury. The facts relating to the search and the motion to suppress may be found in a previous appeal of this case. State v. Bassford, 183 Ga. App. 694 ( 359 S.E.2d 752) (1987). Held:
On a motion to suppress, all issues, both factual and legal, are to be resolved by the trial court. Hamilton v. State, 185 Ga. App. 749 (2) ( 365 S.E.2d 542) (1988); Rogers v. State, 155 Ga. App. 685 (2) ( 272 S.E.2d 549) (1980). The jury has no role in a motion to suppress. If the record supports the trial court's findings, as it does in this case, an appellate court will not disturb them. Durden v. State, 187 Ga. App. 433 (2) ( 370 S.E.2d 528) (1988). Thus, the trial court did not err in refusing to submit the issue of consent to the jury.
Judgment affirmed. Banke, P. J., and Sognier, J., concur.