Maldonado v. State
313 Ga. App. 511
Ga. Ct. App.2012Background
- Maldonado was convicted of trafficking in cocaine (over 400 grams) after a Gwinnett County traffic stop and vehicle impoundment.
- At roadblock, Maldonado lacked a valid driver's license; he claimed the truck was his, though registered to another.
- Police inventory of the truck bed uncovered bricks that appeared to be narcotics; field test indicated cocaine.
- Forensic analysis confirmed 10,733.48 grams of 72.3% purity cocaine with approximately $1 million street value.
- Maldonado argued the evidence showed mere presence with equal access by others, challenging possession.
- The trial court denied motions for mistrial and new trial; counsel was not ineffective; the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of possession evidence | Maldonado lacked exclusive possession; others could access the bed | Equal access defeats the possession presumption | Evidence authorized possession inference beyond reasonable doubt |
| Mistrial for silence remark | Officer’s comment implied silence | Comment falls short of referencing right to silence | No mistrial required; no improper comment |
| Mistrial over post-arrest statement barred by in limine | Statement violated in limine order | Statement voluntary, not compelled by interrogation | No mistrial; statement admissible as voluntary outburst |
| Ineffective assistance claim | Counsel failed to inform Maldonado of discovery | Counsel discussed discovery with Maldonado with interpreter | No deficient performance; claim fails |
Key Cases Cited
- Foster v. State, 300 Ga. App. 446 (2009) (possession presumption in contraband context; equal access evidence is for jury)
- Bodiford v. State, 246 Ga. App. 879 (2000) (equal access sufficient to rebut possession inference depending on evidence strength)
- Hamilton v. State, 293 Ga. App. 297 (2008) (jury may infer possession from value and proximity)
- Franks v. State, 301 Ga. App. 590 (2009) (brief, interrupted statements not touching on right to remain silent)
- Hernandez v. State, 291 Ga. App. 562 (2008) (trial court broad discretion on mistrial motions)
- State v. Davison, 280 Ga. 84 (2005) (voluntary outbursts admissible if not prompted by interrogation)
- Rector v. State, 285 Ga. 714 (2009) (ineffective assistance standard; two-prong test)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency of evidence standard for criminal conviction)