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Martinez v. State

Evidence that the defendant drove to the location of a controlled buy, approached the undercover drug task force investigator and walked back to the vehicle when the investigator asked to see the cocaine was sufficient for the jury to find that the defendant actively participated in trafficking cocaine.

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A Gwinnett County jury convicted Rigoberto Martinez of trafficking in cocaine, OCGA § 16-13-31 a. He appeals from the denial of his motion for new trial, contending the trial court erred in limiting his cross-examination of witnesses, his voir dire of the jury pool, and his closing arguments. He claims the trial court should have excused a juror for cause, and that there was insufficient evidence to support his conviction. Finding no error, we affirm.

On appeal from a criminal conviction, this Court does not weigh the evidence or judge the credibility of witnesses. Martin v. State, 254 Ga. App. 40 1 561 SE2d 155 2002. We view all evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. Id. Viewed in this light, the evidence showed that, on December 4, 2000, a confidential informant “CI” worked with a Gwinnett County Drug Task Force investigator to arrange a controlled buy of 17 ounces of cocaine for the price of $9,350 from Roberto Morales. Morales told the CI that several cars would be carrying several people to the designated location of the sale, the Checkered Parrot Restaurant in Gwinnett County. The investigator and CI arrived at the restaurant just after midnight on October 5, 2000. Morales and Martinez, the defendant, arrived shortly thereafter.

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