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Granados v. State

Because the evidence showed that the crime of cocaine trafficking was, in fact, committed, the defendant was not entitled to a charge on the lesser included offense of conspiracy.

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A jury found Miguel Granados guilty of sale of cocaine and trafficking in cocaine. Granados appeals from the convictions entered on the verdict, alleging 1 the evidence was insufficient to support his conviction for trafficking in cocaine, 2 the trial court erred in its charges to the jury, 3 the trial court erred in admitting his custodial statement, and 4 the trial court erred in allowing the investigator who obtained his statement to translate the statement at trial. Because each of these contentions is without merit, the convictions are affirmed.

1. Viewed in a light most favorable to support the jury’s verdict, the evidence shows that on August 14, 1997, an undercover narcotics officer met with Granados. Granados spoke in English, discussed future cocaine sales, and gave the officer his telephone and pager numbers. On August 19, 1997, Granados agreed on the telephone to sell half an ounce of cocaine to the officer for $500. The next day, Granados arrived at the designated location for the sale. He arrived in a car with co-defendant Tony Mendoza. Granados sold the undercover officer one-half ounce of cocaine for $500. He told the officer he could get more cocaine through a friend named Tony and gave the officer Tony Mendoza’s pager number. Granados told the officer that the more the officer bought, the more money Granados would make.

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