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Felipe Sanchez-Villav.The State

CourtCourt of Appeals of Georgia
Docket No.A17A0459
DecidedApril 19, 2017
Reporter295 Ga. 442
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceOther-Acts EvidenceJury InstructionsReversalRemand
Case Summary

Felipe Sanchez-Villa was convicted of cocaine trafficking and sentenced to 25 years in prison and a one-million-dollar fine. At trial, the State introduced evidence from a Drug Enforcement Administration investigation that had surveilled him for more than a year before his arrest, along with a recorded conversation predating the charged transaction. The Georgia Court of Appeals affirmed the trial court’s refusal to give an equal-access instruction and its conspiracy instruction, but held that the investigation evidence was not intrinsic to the charged trafficking offense. The evidence concerned earlier conduct and was not sufficiently connected to the charged transaction to avoid the statutory notice and admissibility rules for other acts. Because its admission was harmful, the court vacated the conviction and remanded for a new trial.

Opinion

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