Martinez v. State

Their collective knowledge authorized the officers' warrantless search of the pickup truck in which the defendant was riding as a passenger to the prearranged location for a controlled buy of two pounds of methamphetamine.

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Alberto Elizandro Martinez a/k/a Alberto Elizandro Lopez was indicted and tried on charges of trafficking in methamphetamine and possession of a firearm during the commission of a felony.1 Lopez maintained that the confidential informant involved in the drug deal had entrapped him. After hearing all of the evidence, the jury found Lopez guilty of the charged offenses, and the trial court denied his amended motion for new trial. On appeal, Lopez contends that the trial court erred in denying his motion to suppress and in allowing the state to place his character in issue by introducing evidence of his prior arrest for possession of marijuana. Lopez further contends that his trial counsel rendered ineffective assistance. For the reasons discussed below, we affirm. Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to the verdict. See Johnson v. State , 289 Ga. App. 206 656 SE2d 861 2008. So viewed, the evidence showed that on May 19, 2003, a narcotics investigator met with a confidential informant and discussed the possibility of contacting Lopez to set up a drug deal. They agreed that the investigator would pose as the buyer and would be introduced to Lopez through the informant.

While the investigator listened on a speaker phone, the informant called Lopez and said that he knew someone interested in buying crystal methamphetamine. Lopez assured the informant that he could make the deal happen. In a series of subsequent phone conversations with Lopez, the informant introduced the investigator as the buyer, and the investigator and Lopez discussed the amount and price of the methamphetamine. Ultimately, Lopez agreed to supply the investigator with two pounds of crystal methamphetamine in return for $30,000 to be paid at the time of delivery.

Martinez v. State

Their collective knowledge authorized the officers' warrantless search of the pickup truck in which the defendant was riding as a passenger to the prearranged location for a controlled buy of two pounds of methamphetamine.

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