Where two or more statutory aggravating circumstances are found by the jury, the failure of one circumstances does not taint the proceeding so as to invalidate the other aggravating circumstances found in the sentence of death based thereon. Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Green v. State, 246 Ga. 598 ( 272 S.E.2d 475) (1980); Gates v. State, 244 Ga. 587 ( 261 S.E.2d 349) (1979). 13. Under our obligation to independently review the record as mandated by the Unified Appeal Procedure, this court has found one addressable error not dealt with above or set out in the appellant's enumerations of error.
In addition, the confessions were obtained after appellant had been placed in the custody of Georgia authorities and brought back to this state, after extradition counsel had been discharged and appellant had been informed that he was entitled to counsel in Georgia, and after appellant had twice signed written waivers of his Miranda rights. See Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); see also People v. Bartolomeo, 53 N.Y.2d 933 ( 440 N.Y.S.2d 927) (1981). In our view it would be unreasonable to hold that an assertion of rights in the asylum state (assuming one occurred) operated to prevent any further inquiry by authorities in the requesting state as to whether the accused would like to speak to them, where the requesting authorities reasonably understood that no request for counsel had been made.
Jackson v. Virginia, supra. Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981). In that the sentences of death in this case rest partially upon a finding of Code Ann. § 27-2534.1 (b) (7), they must be reviewed in light of the United States Supreme Court's decision in Godfrey v. Georgia, 446 U.S. 420, supra, as construed by this court in Hance v. State, 245 Ga. 856 ( 268 S.E.2d 339) (1980).
Under the circumstances of this case, it would be totally incongruous to hold that the detectives violated the defendant's right to counsel by asking him in the elevator if he wanted to make a statement. Accord Cervi v. State, 248 Ga. 325 (2) ( 282 S.E.2d 629) (1981); Krier v. State, 249 Ga. 80 (1) (a) ( 287 S.E.2d 531) (1982). With regard to the detectives' alleged representation to the defendant that it would be easier or better on him if he talked, there is no indication in the record that the defendant himself interpreted this as an offer of lighter punishment.
Unlike Simmons v. United States, 390 U.S. 377 ( 88 S.C. 967, 19 L.Ed.2d 1247) (1968), Crowe's suppression hearing testimony was not admitted as evidence of his guilt, since he already had pled guilty and it was only a sentencing trial that was being conducted. See Cervi v. State, 248 Ga. 325, 330 (7) ( 282 S.E.2d 629) (1981). Crowe's suppression hearing testimony became relevant to the question of his sentence when his counsel asked the sheriff if he did not believe that Crowe "has a lot to live with here; pleading guilty to this, and telling you from day one that he's the one that did it?"
APPENDIX. Black v. State, 261 Ga. 791 ( 410 S.E.2d 740) (1991); Hall v. State, 261 Ga. 778 ( 415 S.E.2d 158) (1991); Todd v. State, 261 Ga. 766 ( 410 S.E.2d 725) (1991); Conklin v. State, 254 Ga. 558 ( 331 S.E.2d 532) (1985); West v. State, 252 Ga. 156 ( 313 S.E.2d 67) (1984); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Baker v. State, 243 Ga. 710 ( 257 S.E.2d 192) (1979); Stanley v. State, 240 Ga. 341 ( 241 S.E.2d 173) (1977). THOMPSON, Justice.
APPENDIX.Housel v. State, 257 Ga. 115 ( 355 S.E.2d 651) (1987); Hance v. State, 254 Ga. 575 ( 332 S.E.2d 287) (1985); Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977).
The state claims that because the detective who obtained the statement did not know that Jenkins had ever refused to answer questions without having talked to a lawyer, the statement obtained was not inadmissible under Edwards v. Arizona, 451 U.S. 477 ( 101 S.C. 1880, 68 L.Ed.2d 378) (1981). The state relies upon this court's decision in Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981), cert. denied 456 U.S. 938 (1982), and upon White v. State, 168 Ga. App. 794 ( 310 S.E.2d 540) (1983). Jenkins responds that the present case is factually distinguishable from these cases and that under the totality of the circumstances the confession was not reliable. Cervi v. State, supra, is distinguishable from these case at hand.
APPENDIX.Hance v. State, 254 Ga. 575 ( 332 S.E.2d 287) (1985); Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977).
APPENDIX. Allen v. State, 253 Ga. 390 ( 321 S.E.2d 710) (1984); Finney v. State, 253 Ga. 346 ( 320 S.E.2d 147) (1984); Conner v. State, 251 Ga. 113 ( 303 S.E.2d 266) (1983); Williams v. State, 250 Ga. 553 ( 300 S.E.2d 301) (1983); Mathis v. State, 249 Ga. 454 ( 291 S.E.2d 489) (1982); Smith v. State, 249 Ga. 228 ( 290 S.E.2d 43) (1982); Cunningham v. State, 248 Ga. 558 ( 284 S.E.2d 390) (1981); Cervi v. State, 248 Ga. 325 ( 282 S.E.2d 629) (1981); Cape v. State, 246 Ga. 520 ( 272 S.E.2d 487) (1980); Westbrook v. State, 242 Ga. 151 ( 249 S.E.2d 524) (1978); Young v. State, 239 Ga. 53 ( 236 S.E.2d 1) (1977). DECIDED DENIED JULY 2, 1985 — REHEARING DENIED JULY 23, 1985.