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Deleon-Alvarez v. State

Evidence obtained from a lawful traffic stop, telephone surveillance and a search of one defendant's residence supported the three defendants' convictions for kidnapping for ransom.

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At a joint trial in Gwinnett County Superior Court, Jonathan Deleon-Alvarez, Francisco Palacios-Baras, Tito Hernandez and a fourth co-defendant who is not an appellant in the instant cases were found guilty by the jury of kidnapping for ransom1 Jose Wilson Tejada on October 11, 2009. The trial court entered judgments of conviction upon the verdicts. Deleon-Alvarez’s, Palacios-Baras’s, and Hernandez’s respective motions for new trial were denied. Discerning no reversible error, we affirm their convictions.

Evidence adduced at trial showed that in early 2009, the Atlanta High Intensity Drug Trafficking Area HIDTA task force began a drug trafficking investigation. As part of that investigation, the Gwinnett County District Attorney obtained warrants from the Gwinnett County Superior Court to authorize the interception of calls to and from three targeted cellphone numbers being used by Palacios-Baras. While thereafter monitoring those conversations, officers discerned from statements overheard on October 11, 2009 that someone later determined to be Tejada had been kidnapped due to an $84,000 drug debt. Based on ping data relating to one of the monitored cellphones, officers concluded that the abducted individual was being held at a particular Floyd County residence.2

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