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Hernandez-Garcia v. State

The trial court properly allowed into evidence transcripts of certain phone calls under the conspiracy exception to the hearsay rule, as the State proved that there was a conspiracy and the statements at issue were made in furtherance of that conspiracy.

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Ublester Hernandez-Garcia was tried by a Gwinnett County jury and convicted of trafficking in cocaine.1 He now appeals from the denial of his motion for a new trial, asserting that the trial court erred in admitting certain hearsay evidence and in charging the jury on the definition of trafficking. Hernandez-Garcia further claims that the evidence is insufficient to sustain his conviction and that he received ineffective assistance of counsel. We find no error and affirm.

Hernandez-Garcia was tried together with Anselmo Duarte Aguilera, whose conviction we recently affirmed. See Aguilera v. State, 320 Ga. App.707 740 SE2d 644 2013. Many of the relevant facts are set forth in that opinion, as follows:

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