Arroyo v. State
309 Ga. App. 494
Ga. Ct. App.2011Background
- Deputy Gray stopped Arroyo on I-20 for allegedly illegally dark window tint and slow speed.
- Arroyo drove the car with Gamble (co-owner) and a male passenger; Gray could not verify Arroyo’s license.
- Consent to search was obtained from Gamble and Arroyo after backup arrived, revealing 984.93 grams of methamphetamine in the trunk.
- Gamble disclosed she concealed 26.4 grams of methamphetamine in her vagina at Arroyo’s request; Arroyo admitted transporting the larger amount for another person and receiving the smaller amount as payment.
- Arroyo was convicted of trafficking in methamphetamine, illegal window tint, and driving without a license; he raised multiple challenges on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal access doctrine applicability | Arroyo argues equal access requires acquittal. | State argues there is additional possession evidence beyond vehicle ownership. | Doctrine does not apply; evidence supports possession beyond ownership. |
| Suppression motion | Arroyo contends stop extended beyond citation; Fourth Amendment violation. | State argues questioning during lawful detention does not extend detention. | No Fourth Amendment violation; search consent during lawful detention was permissible. |
| Sufficiency of trafficking evidence | Arroyo claims insufficient evidence to prove possession of the meth in trunk. | State argues Arroyo’s own statements show possession; jury could convict. | Sufficient evidence; jury could find beyond reasonable doubt. |
| Ineffective assistance of counsel | Arroyo asserts ineffective assistance. | State responds with no record supporting the claim. | Claim deemed abandoned; not argued with record or detail. |
Key Cases Cited
- Evans v. State, 262 Ga.App. 712 (2003) (equal access doctrine—clarifies when it applies)
- Evans v. State, 288 Ga. App. 103 (2007) (possession issue for jury when multiple evidence exists)
- Salmeron v. State, 280 Ga. 735 (2006) (driving detainment and consent timing in traffic stops)
- Hall v. State, 306 Ga.App. 484 (2010) (consent during lawful detention related to search timing)
- Keller v. State, 286 Ga.App. 292 (2007) (evidence support for license status)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of the evidence standard)