MELESA v. State
314 Ga. App. 306
Ga. Ct. App.2012Background
- Melesa was convicted by a jury of conspiracy to traffic in methamphetamine over 400 grams (OCGA §§ 16-4-8, 16-13-31(e)(3)).
- The State alleged Melesa fronted methamphetamine to Cebada, with an expectation of repayment from proceeds.
- Cebada purchased multiple pounds of methamphetamine from Melesa over time, coordinated with Melesa or his translator.
- In February 2005, Melesa fronted approximately 450 grams to Cebada; Cebada later paid $15,000.
- Police surveillance and wiretaps on Cebada’s phone brought further corroboration; a translator retrieved the $15,000.
- Evidence included corroborating testimony and recorded conversations; the jury affirmed the conspiracy conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for conspiracy | Melesa contends evidence fails to prove conspiracy. | State shows tacit agreement and overt acts via fronting and payments corroborated by witnesses and recordings. | Evidence sufficient to sustain conviction |
Key Cases Cited
- Cochran v. State, 300 Ga.App. 92, 684 S.E.2d 136 (2009) (standard for sufficiency on appeal)
- Osborn v. State, 161 Ga.App. 132, 291 S.E.2d 22 (1982) (fronting contraband can establish concert of action)
- Burton v. State, 293 Ga.App. 822, 668 S.E.2d 306 (2008) (accomplice testimony must be corroborated)
- Peacock v. State, 301 Ga.App. 873, 689 S.E.2d 853 (2010) (fronting as conspiracy evidence is permissible)
- Hernandez v. State, 182 Ga.App. 797, 357 S.E.2d 131 (1987) (proceeds-based conspiracy evidence sufficient)
- Williamson v. State, 300 Ga.App. 538, 685 S.E.2d 784 (2009) (conspiracy may be inferred from acts and circumstances)