Aguilera v. State
320 Ga. App. 707
Ga. Ct. App.2013Background
- Aguilera was convicted of trafficking in cocaine by a Gwinnett County jury and appeals the denial of his motion for a new trial.
- Appellant challenges admission of transcripted phone-call transcripts as hearsay and argues the evidence is insufficient.
- From 2008–2009, a joint federal-state task force investigated a large Atlanta-area drug organization led by Soco Hernandez-Rodriguez.
- Agents obtained a warrant to tap Soco’s cell phone; calls related to a two-kilogram cocaine transaction were intercepted and transcribed.
- Surveillance tracked a planned exchange at a Shell gas station involving Soco, Titin, and Aguilera; a vehicle swap was employed to move drugs.
- Cocaine was recovered from a vehicle after it was abandoned and a canine search indicated narcotics; Aguilera’s phone and vehicle were linked to the operation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transcripts of coconspirator calls were admissible as hearsay | State contends conspiracy exception applies | Aguilera asserts no conspiracy existed; transcripts are hearsay | Admissible under conspiracy exception; evidence supports conspiracy finding |
| Whether the evidence suffices to prove knowing possession of 28 grams or more of cocaine | State shows Aguilera aided in transport and evasion of police | Aguilera claims lack of knowledge of cocaine | Evidence sufficient to support conviction; driver-constructive-possession presumption and knowledge shown |
Key Cases Cited
- Martinez v. State, 306 Ga. App. 512 (2010) (appeal standard—evidence construed in light most favorable to jury)
- Pruitt v. State, 264 Ga. App. 44 (2003) (buyer-seller alone not conspiracy; need joint objective)
- Melesa v. State, 314 Ga. App. 306 (2012) (fronting drugs can establish conspiracy)
- Peacock v. State, 301 Ga. App. 873 (2010) (evidence of conspiracy in drug transactions)
- Mosley v. State, 296 Ga. App. 746 (2009) (principles of conspiracy and participation)
- Feliciano v. State, 302 Ga. App. 328 (2010) (knowledge may be inferred from circumstances)
- Navarro v. State, 293 Ga. App. 329 (2008) (driver constructive possession presumption; rebuttal questions for jury)
- Richardson v. State, 305 Ga. App. 363 (2010) (knowledge inferred from circumstances; evasion evidence)
- Arellano v. State, 289 Ga. App. 148 (2008) (flight from police as evidence of knowledge of contraband)