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Baltazar v. State

Under the totality of the circumstances, it was possible that the defendant was unaware that the Federal Express package he signed for contained over two pounds of cocaine.

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A Cobb County jury found Jesus Baltazar guilty of trafficking in cocaine, and the trial court sentenced him to serve 25 years in confinement. On appeal, Baltazar challenges the sufficiency of the evidence. As we agree that the evidence of Baltazar’s guilt was insufficient, we reverse.

On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence, and we view the evidence in the light most favorable to support the jury’s verdict.1 So viewed, the evidence shows that on April 1, 1999, a California law enforcement agency contacted Georgia authorities regarding a suspicious package that was in route to Georgia via Federal Express. On April 2, 1999, after the package arrived in Georgia, narcotics agents discovered that it contained over two pounds of cocaine with a purity of 84 percent. The package was addressed to “Kevin Kline” at a Cobb County address. The narcotics agents notified law enforcement officers in Cobb County, who then arranged to make a controlled delivery of the package.

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