Gonzalez v. State

Sognier, Judge.

Appellant was convicted of conspiracy to traffic in cocaine and marijuana.

1. Appellant contends the trial court erred by allowing an assistant district attorney to prosecute the case and also appear as a witness in violation of the Rule of Sequestration and the Canons of Ethics of the State Bar of Georgia.

At a hearing on a motion to suppress certain tape recordings, logs, orders and other evidence relating to wiretaps, it became apparent that Moye, the chief prosecuting attorney, would be a witness for the State regarding the chain of custody of the evidence and actions taken…