Because there was no evidence that Deleon–Alvarez was a subscriber of the phones tapped and no evidence that his voice was heard during the wiretapped conversations, he lacked standing to seek suppression of the conversations at issue (and thus any alleged fruit of the poisonous tree) on the ground raised here. See Ellis, supra (determining that defendant had no standing to challenge, under Georgia statutory law, the electronic surveillance of the telephone of his co-defendant, explaining that “[w]hen the voice of an individual is not heard and the tap is not on his premises, he has no standing”); Rogers v. State, 182 Ga.App. 599, 600(3), 356 S.E.2d 546 (1987) (concluding that trial court correctly denied appellant's motion to suppress the results of electronic surveillance by means of a wiretap on the telephone of a co-defendant, explaining that “[s]ince the wiretap was on [co-defendant's] telephone, appellant had no standing to object to an alleged violation of [co-defendant's] Fourth Amendment rights” and that “[s]ince none of appellant's Fourth Amendment rights were violated by the wiretap of [his co-defendant's] telephone, appellant was not an aggrieved person,” was not entitled to the protection of the exclusionary rule, and thus had no standing to object to the wiretap of co-defendant's telephone); see generally Jordan, supra (noting that “the exclusionary rule ... never applies in the absence of a Fourth Amendment violation”). (b) Deleon–Alvarez argues that the evidence stemming from the traffic stop of the Expedition (in which he and Tejada were passengers) was inadmissible, maintaining that the evidence
Because there was no evidence that Deleon-Alvarez was a subscriber of the phones tapped and no evidence that his voice was heard during the wiretapped conversations, he lacked standing to seek suppression of the conversations at issue (and thus any alleged fruit of the poisonous tree) on the ground raised here. See Ellis, supra (determining that defendant had no standing to challenge, under Georgia statutory law, the electronic surveillance of the telephone of his co-defendant, explaining that "[w]hen the voice of an individual is not heard and the tap is not on his premises, he has no standing"); Rogers v. State, 182 Ga. App. 599, 600 (3) (356 SE2d 546) (1987) (concluding that trial court correctly denied appellant's motion to suppress the results of electronic surveillance by means of a wiretap on the telephone of a co-defendant, explaining that "[s]ince the wiretap was on [co-defendant's] telephone, appellant had no standing to object to an alleged violation of [co-defendant's] Fourth Amendment rights" and that "[s]ince none of appellant's Fourth Amendment rights were violated by the wiretap of [his co-defendant's] telephone, appellant was not an aggrieved person," was not entitled to the protection of the exclusionary rule, and thus had no standing to object to the wiretap of co-defendant's telephone); see generally Jordan, supra (noting that "the exclusionary rule . . . never applies in the absence of a Fourth Amendment violation"). (b) Deleon-Alvarez argues that the evidence stemming from the traffic stop of the Expedition (in which he and Tejada were passengers) was inadmissible, maintaining that the evidence
This ruling did raise the bar of double jeopardy. Consequently, since a subsequent charge of cocaine possession would have arisen from the same conduct and been based on the same evidence at issue in the trafficking trial, see Dalton v. State, 249 Ga. 720-721 (1) ( 292 S.E.2d 834) (1982); compare Rogers v. State, 182 Ga. App. 599 (1) ( 356 S.E.2d 546) (1987), such a prosecution would have been barred under OCGA §§ 16-1-7 (b); 16-1-8 (b) (1), (d) (2). Marchman, supra at 41. Given that the double jeopardy statutes would have barred a retrial of appellant for cocaine possession, it follows that he could not be sentenced for that offense after the trial court entered the ruling to which double jeopardy attached.
We will not consider factual representations raised in the State's brief which did not appear in the record. See generally Rogers v. State, 182 Ga. App. 599, 600 (1) ( 356 S.E.2d 546) (1987). The State's sole argument is that this appeal must be dismissed because appellant's failure to file a motion to withdraw his guilty plea under OCGA § 17-7-93 (b) leaves a habeas corpus proceeding as his sole remedy.