580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. Tiller v. State, 286 Ga. App. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. When a victim paid defendant money the victim owed, and, after the victim paid the money, defendant told the victim that the victim was going to die anyway and shot the victim as the victim sat in a vehicle with two other people, the evidence was sufficient to allow a rational trier of fact to find defendant guilty beyond a reasonable doubt of felony murder, possession of a weapon by a convicted felon, and possession of a weapon during the commission of a felony. 847, 368 S.E.2d 771, cert. When the defendant shot a victim in the head after an argument and also shot at another victim but failed to hit the second victim, a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). 347. Scott v. State, 190 Ga. App. (a) As used in this Code section, the term: (1) Felony means A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. Get free summaries of new opinions delivered to your inbox! 640, 448 S.E.2d 745 (1994). Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. Midura v. State, 183 Ga. App. 2d 50 (2007). - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). Because Georgia abolished the inconsistent verdict rule, and despite the fact that the jury found that the defendant did not commit armed robbery, this did not preclude the trial judge from finding the defendant guilty of possessing a firearm while a convicted felon given evidence that: (1) the defendant's status as a convicted felon was not contested; and (2) the defendant was in constructive possession of the firearm used by another to commit the crimes charged and conspired to possess the firearm as a party to the crime. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. R. Civ. - Defendant's trial counsel could not be ineffective in failing to specifically demur to the charges of possession of a firearm by a convicted felon, and the felony murder based on the same, as it was not necessary for the charge to state what felony formed the basis of the prior conviction. Driscoll v. State, 295 Ga. App. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. - Because the gravamen of the offense of possession of a firearm by a convicted felon is the general receive, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported, O.C.G.A. Under 18 U.S.C. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 16-11-129(b)(3)). 3, 635 S.E.2d 270 (2006). WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. - Because the defendant presented sufficient evidence to show that trial counsel was ineffective in failing to stipulate to the defendant's felon status or to obtain a jury charge limiting the jury's consideration of the defendant's criminal history, such failures prejudiced the defendant's defense sufficiently to require a new trial on a charge of aggravated assault; however, given the defendant's admission to possessing a gun at the time of the altercation, no prejudice resulted to warrant reversal and a new trial on the possession of a firearm by a convicted felon conviction. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. 16-5-1(c) predicated on possession of a firearm by a convicted felon. O.C.G.A. Att'y Gen. No. Fed. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. Possession of firearms by convicted felons and first offender probationers. - Conviction for possession of a firearm by a convicted felon could not stand because the same prior conviction could not support both recidivist sentencing and a conviction of possession of a firearm by a convicted felon, and also a nolo contendere plea could not serve as proof of a prior conviction for a charge of possession of a firearm by a convicted felon; the prior conviction remained available to support enhanced sentencing as a recidivist, however. Cited in Robinson v. State, 159 Ga. App. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). VIII). Thompson v. State, 168 Ga. App. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. You already receive all suggested Justia Opinion Summary Newsletters. 230, 648 S.E.2d 738 (2007). Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. (a) As used in this Code section, the term: (1) "Felony" means any offense IV. Despite the trial court's abuse of discretion in rejecting the defendant's offer to stipulate to a prior conviction for aggravated child molestation, that error was harmless as it was undisputed that the defendant was a convicted felon, admitted to possessing the firearm, and failed to give any justification for possession or offer any evidence of a legal reason to do so. The plea to carrying a concealed weapon, a misdemeanor, was not an element of the current charge of the possession of a firearm by a first offender probationer under O.C.G.A. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). Att'y Gen. No. Construction with 16-3-24.2. 248, 651 S.E.2d 174 (2007). 16-11-131, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. There was sufficient evidence to support the defendant's convictions of felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a witness who sold drugs for the defendant got into a dispute with a third person over drugs before the shooting, the defendant upon seeing the victim asked the witness if the victim was the third person in question and then shot the victim, and witnesses placed the defendant at the scene of the crime and testified that the witnesses saw the defendant carrying a gun. 16-11-131, because in determining whether a sentence is a felony, the established consideration is what sentence can be imposed under the law, not what was imposed. Sufficient evidence supported the defendant's conviction for possession of a firearm by a convicted felon based on the gun being found in close physical proximity to the defendant and that the defendant had in a pocket the exact number of the proper caliber bullets to completely reload the gun; although others had access to the car before the defendant took possession of the car, the evidence authorized the conclusion that the car had been visually inspected at a point close in time to when the defendant had sole access. - Because no exigency existed to justify a search after the defendant was handcuffed and placed under the watchful eye of a police officer, and even assuming that the defendant was under arrest while being detained in the kitchen, a search of the defendant's bedroom, which yielded a shotgun found under the bed in the bedroom, a box of unspent shotgun shells, and some loose unspent shotgun shells, was not one incident to an arrest; thus, the defendant's possession of a firearm while a convicted felon conviction was reversed, and the case was remanded for a new trial in which the illegally-obtained evidence could not be introduced. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. Porter v. State, 275 Ga. App. No error found in court's charging the language of O.C.G.A. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. Warren v. State, 289 Ga. App. The good news is that you have options. 2d 50 (2007). denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. 16-11-131(b). 16-3-21(a) and 16-11-138. According to court Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). - Defendant's contention that the evidence was not sufficient to convict defendant of possessing firearms while a convicted felon because the weapons were not tendered into evidence is without merit. denied, No. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. 10.16 Using a Firearm While under the Influence 790.151, Fla. Stat. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. 42-8-62 at the time the defendant allegedly violated O.C.G.A. Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). - Unit of prosecution under O.C.G.A. McKie v. State, 345 Ga. App. - Defendant's conviction of possession of a firearm by a convicted felon was not precluded by collateral estoppel where defendant was acquitted of two other charges (aggravated assault and possession of a firearm during commission of a crime against a person) arising out of the same incident; the jury could have concluded that defendant had the gun but did not assault or attempt to rob the victim with it. 246, 384 S.E.2d 451 (1989). 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. 61 (2017). 16-11-131. 16-11-131 where a victim testified to seeing the weapon emerge from the window of defendant's truck, and then saw the muzzle flash. Despite the defendant's contrary contentions, evidence seized via the execution of a valid search warrant, specifically a substantial amount of methamphetamine, a set of scales in a case marked "dope kit inside," a .38 revolver, common tools of the drug trade, written instructions for making pure ephedrine, a loose bag of vitamin B-12 commonly used to dilute methamphetamine, over $2,000 in cash, and evidence that the defendant installed a video surveillance system to monitor the front door and driveway, both a trafficking in methamphetamine and possession of a weapon by a convicted felon conviction were supported by sufficient evidence. Construction and application of state statutes and local ordinances regulating licenses or permits to carry concealed weapons, 12 A.L.R.7th 4. 16-3-24.2. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. Biggers v. State, 162 Ga. App. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY, ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES, PART 3 - CARRYING AND POSSESSION OF FIREARMS. Fed. 783, 653 S.E.2d 107 (2007). 616, 386 S.E.2d 39, cert. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon where defendant did not dispute that defendant was a convicted felon, and an officer observed defendant with a firearm. 611 et seq. 16-11-131, defendant was not entitled to the immunity offered by 16-3-24.2 State v. Burks, 285 Ga. 781, 684 S.E.2d 269 (2009). WebAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a - In a case where the defendant shot and killed the victim during a robbery, trial counsel's performance was not deficient simply because counsel did not move to sever the firearm possession charge from the other counts of the indictment, since that charge was material to the more serious charges, including malice murder, and, thus, it was not incumbent upon the trial court to bifurcate the trial. Web- Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the If convicted, he faces a sentence of up to 40 years in prison. Charles Lewis. 813, 485 S.E.2d 39 (1997). Whitt v. State, 281 Ga. App. 178, 786 S.E.2d 558 (2016). Evidence that the defendant, a convicted felon, accompanied the victim to a store with the codefendant; shot the victim in the head with a handgun that the defendant had in defendant's possession; thereby, causing a wound in which the victim lost one eye; and along with the codefendant took all the victim's money was sufficient to support the defendant's conviction for and possession of a firearm by a convicted felon. Disclaimer: These codes may not be the most recent version. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. - See Murray v. State, 180 Ga. App. Head v. State, 170 Ga. App. - Evidence that the defendant was found in possession of two black powder guns was sufficient to support the convictions for possession of a firearm during the commission of a crime and by a convicted felon. 370, 358 S.E.2d 912 (1987). Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. 901, 386 S.E.2d 39 (1989). Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. Brown v. State, 268 Ga. App. In a prosecution for possession of a firearm by a convicted felon, armed robbery, and possession of a firearm during the commission of a crime, trial of the charges together was not required since defendant made no motion to sever and, in view of the limiting instructions given and the weight of the testimony of the victim and a corroborating witness, proof of a prior conviction did not place defendant's character in issue to such an extent as to affect the verdict on the armed robbery and firearm charges. Williams v. State, 238 Ga. App. appx. - Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Butler v. State, 272 Ga. App. Willie Antonio Bass, 35, of Augusta, is charged with Conspiracy to Possess with Intent to Distribute and To Distribute 500 Grams or More of Cocaine and Possession of a Firearm by a Convicted Felon. 2d 50 (2007). 331, 631 S.E.2d 388 (2006). 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 735, 691 S.E.2d 626 (2010). Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. Daughtry v. State, 180 Ga. App. View Entire Chapter. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). Web16-11-131. 448, 352 S.E.2d 642 (1987). Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 16-11-131(b), indicated that the quantity of firearms was inconsequential and that the gravamen of the offense was the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported and, therefore, the statute unambiguously permitted only one conviction for simultaneous possession of any number of firearms.
