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Escobar v. State

The trial court did not err in allowing a detective to testify regarding the conversation he overheard between the defendant and the CI, since the defendant's statements were admissible as voluntary, incriminating admissions.

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Following a jury trial, Ricardo Escobar was convicted of trafficking in methamphetamine.1 He now appeals from the trial court’s denial of his motion for a new trial, claiming that the trial court erred: 1 in admitting his allegedly custodial statements to a police officer; 2 in failing to hold an in-camera hearing on his motion to require the State to reveal the identity of its confidential informant and in failing to grant that motion; and 3 in allowing certain hearsay testimony by the investigating officer. Escobar also challenges the sufficiency of the evidence supporting his conviction. Discerning no error, we affirm. Viewed in the light most favorable to the verdict, Daugherty v. State, 2 the record shows that on June 9, 2004, Detective Ubaldo Rios drove a confidential informant the “CI” to a local restaurant for a meeting with a suspected drug dealer known as “Hondureno.” Rios, who was working undercover and posing as the CI’s uncle, had equipped the CI with an audio transmitter, which allowed Rios to hear the conversation between the CI and Hondureno. Rios remained in the car and observed the CI enter the restaurant and sit with a man Rios identified at trial as Escobar. Rios heard the CI and Escobar talking, and heard Escobar agree to sell the CI cocaine and crystal methamphetamine.

The drug transaction was eventually scheduled for the next day, with Escobar agreeing to deliver the drugs to the CI’s apartment complex in Gwinnett County. To avoid unduly jeopardizing the CI’s safety, Rios instructed the CI that, once he had seen the drugs, he should refuse to go through with the transaction and then contact Rios.

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