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Torres v. State

Defendant introduced the confidential informant to his co-indictee, was present when the cocaine sale was discussed and helped his co-indictee retrieve the cocaine.

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A DeKalb County jury convicted Javier Torres of trafficking in cocaine; OCGA § 16-13-31 a. Following the denial of his motion for new trial, Torres appeals, contending the evidence was insufficient to convict; the trial court erred in refusing to excuse a juror; the trial court erred and in refusing to give a requested jury charge; and he received ineffective assistance of counsel. Finding no error, we affirm.

On appeal from a criminal conviction, the defendant no longer enjoys the presumption of innocence, and the evidence must be construed in the light most favorable to the jury’s verdict. Reeves v. State, 244 Ga. App. 15, 17 1 a 534 SE2d 179 2000. So viewed, the evidence shows that a friend of Torres asked him if he knew someone who could find him a kilo of cocaine. That friend was a confidential informant who was assisting a narcotics detective. At trial, Torres admitted that he introduced the informant to Pedro Abonza and another man so that the sale of cocaine could take place. In exchange, Torres understood the informant would get him work. Torres also testified that he was present when the men met in his apartment to discuss the sale and that he rode with Abonza to make the sale.

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