Salazar v. State
326 Ga. App. 627
| Ga. Ct. App. | 2014Background
- On Jan. 28, 2010, Salazar was stopped while driving a tractor‑trailer; officer observed nervous behavior and discrepancies in freight documents.
- Officer obtained Salazar's consent to search the truck cab; inspection revealed a modified ceiling with a steel plate and a void containing 85 brick‑like packages wrapped in plastic.
- Forensic testing showed the seized material contained cocaine (one tested package: 1,020 g, 67.6% purity; visual inspection indicated much larger total weight across boxes).
- Two jailhouse witnesses testified Salazar admitted transporting cocaine and suggested a larger quantity than charged.
- Indictment charged trafficking in cocaine (≥400 g and ≥10% purity) and operating a vehicle with a false/secret compartment; jury convicted for trafficking and acquitted on the false‑compartment count.
- Salazar appealed, arguing insufficient evidence for trafficking (claiming the acquittal on the compartment charge conflicted) and that the trial court erred by denying his motion to suppress evidence from the vehicle search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support trafficking conviction | Salazar: conviction impossible because jury acquitted him of knowingly operating a vehicle with a false compartment, so he could not have knowingly possessed the cocaine. | State: trafficking does not require a predicate conviction for a false‑compartment offense; evidence showed Salazar controlled the vehicle and circumstances supported knowledge and possession. | Affirmed: trafficking conviction supported. Operating a false compartment is not a predicate element; jury may convict on one count and acquit on another. |
| Denial of motion to suppress search evidence | Salazar: search of the cab was unlawful; evidence should be suppressed. | State: officers had articulable suspicions, obtained consent to search; at trial defense counsel waived suppression objection. | Affirmed: suppression issue not preserved because counsel stated no objection at trial; evidence admitted. |
Key Cases Cited
- Simmons v. State, 299 Ga. App. 21 (affirming constructive possession inference for driver when contraband found in vehicle)
- Jackson v. State, 322 Ga. App. 196 (discussing sufficiency review and constructive possession in vehicle cases)
- Feliciano v. State, 302 Ga. App. 328 (knowledge may be inferred from circumstances and conduct)
- Hayes v. State, 292 Ga. 506 (standard for sufficiency of the evidence review)