Turner v. State

Full title: TURNER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 16, 1984

317 S.E.2d 631 (Ga. Ct. App. 1984)

317 S.E.2d 631

Opinion

67962.

DECIDED MARCH 16, 1984.

Drug violation. Montgomery Superior Court. Before Judge West.

William T. Straughan, for appellant.

James L. Wiggins, District Attorney, Michael T. Solis, Assistant District Attorney, for appellee.

McMURRAY, Chief Judge.

Defendant was indicted and convicted for violation of the Georgia Controlled Substances Act, possession of more than one ounce of marijuana. Following the denial of his motion for new trial defendant appeals. Held:

Both of defendant's enumerations of error address the issue of whether the trial court properly denied defendant's oral motion to suppress evidence, the marijuana in question. Defendant, by failing to file a written motion to suppress as required by OCGA § 17-5-30, has waived any objection to the evidence on the grounds it was obtained by an illegal search and seizure. Peppers v. State, 144 Ga. App. 662, 663 (1) ( 242 S.E.2d 330); Dennis v. State, 166 Ga. App. 715, 718 ( 305 S.E.2d 443). Accordingly, the enumerations are not meritorious.

Judgment affirmed. Deen, P. J., and Sognier, J., concur.

DECIDED MARCH 16, 1984.