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Delavega v. State

When arrested, the defendant was driving a car with a modified gas tank that included a hidden compartment containing nearly a kilo of cocaine and $130K in cash.

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Daniel Delavega appeals from his convictions for trafficking in cocaine and operating a vehicle with a false compartment. In his sole enumeration of error, Delavega contends that insufficient evidence supports his conviction.1 We disagree and affirm. Viewed in the light most favorable to the verdict, the record shows generally that Delevega was driving a car in which the gas tank had been modified to include a hidden compartment containing $130,000 in cash bundles and nearly a kilogram of cocaine. Delevega and his passenger, Feliciano, worked together at an automobile repair shop and were driving from North Carolina to Atlanta at the time of their arrest. The arresting officer testified that he smelled automobile body filler “Bondo” when he opened the car door, that Feliciano and Delavega gave conflicting stories about their travel plans, and that there was no extra clothing or luggage in the car for an overnight trip.

Delavega testified at trial and denied any knowledge of the hidden compartment. He claimed that he did not smell Bondo while driving the car and explained that he did not take any clothes with him on the overnight trip because “they probably —they’re going to provide us or buy some at, like, WalMart. Just —it’s going to be one night.”

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