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Daniel v. State

The defendant voluntarily made a physical statement when he showed the officers the location of the drugs.

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Following a jury trial, Garin Daniel was convicted of trafficking in cocaine and possession of marijuana and was sentenced as a recidivist. He argues on appeal that the evidence was insufficient to support his conviction. He further asserts that the trial court erred in denying his motion to suppress physical evidence and his custodial statement. Finally, he contends that his trial counsel rendered ineffective assistance of counsel in failing to demand a hearing on his motion to reveal the identity of a confidential informant, and that the trial court erred in refusing to conduct an inquiry into the identity of the confidential informant during the hearing on his motion for new trial. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to uphold the jury’s verdict. Hall v. State , 283 Ga. App. 266, 267 641 SE2d 264 2007. We do not reweigh the evidence nor do we judge witness credibility, but determine only whether the evidence presented was sufficient for a rational trier of fact to find the defendant guilty of the charged offenses beyond a reasonable doubt. Id.

So construed, the facts presented at trial showed that officers from the West Georgia Drug Task Force the “Task Force” conducted a controlled purchase of cocaine from Daniel’s residence using a confidential informant “CI”. The CI purchased 3.5 grams of cocaine, and the entire transaction was audibly monitored and recorded by the Task Force officers.

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