- In a prosecution for violation of O.C.G.A. Little v. State, 195 Ga. App. - It could not be presumed that defendant, as owner and head of a household, owned or possessed the firearms found therein during a search for drugs, where there was no other evidence to show that defendant owned or possessed the firearms; the evidence was not sufficient to support defendant's conviction of possession of a firearm by a convicted felon. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.". The four victims were found dead in two hotel rooms from gunshot wounds to the back of their heads; identification documents belonging to the four victims were found in the defendant's car; there was expert testimony that the defendant's gun had been used to kill the victims; the defendant's baseball cap contained one victim's deoxyribonucleic acid; there was evidence that the defendant and two friends used three victims' tickets to attend a football game after the victims were murdered; the defendant was identified as being in an elevator with one victim; the defendant was seen leaving the hotel with one victim's cooler; and a duffle bag belonging to one victim was in the defendant's car when the defendant was arrested on weapons charges. 559, 802 S.E.2d 19 (2017). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. 24-1.1. Smallwood v. State, 296 Ga. App. Pursuant to Code Section 28-9-5, in 1996, "18 U.S.C. WebThe punishment for possession of a firearm by a convicted felon is significant. 604, 327 S.E.2d 566 (1985). 61, 635 S.E.2d 353 (2006). Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). Web16-11-131. 734, 310 S.E.2d 725 (1983). - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. This crime is categorized as a third-degree felony. Davis v. State, 325 Ga. App. 801, 701 S.E.2d 202 (2010). Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). Peppers v. State, 315 Ga. App. 537, 309 S.E.2d 683 (1983). 374, 641 S.E.2d 619 (2007). - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. - See Wofford v. State, 262 Ga. App. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. Daughtry v. State, 180 Ga. App. 521, 295 S.E.2d 219 (1982). Waugh v. State, 218 Ga. App. - When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Because sufficient direct and circumstantial evidence showed that the defendant, a prior felon wielding a weapon, engaged in a fight with the two victims, fatally wounding one and shooting the other in the arm, and thereafter fled from police, the defendant's convictions for involuntary manslaughter, reckless conduct, fleeing and eluding, and possession of a firearm by a convicted felon were upheld on appeal. 370, 358 S.E.2d 912 (1987). Davis v. State, 287 Ga. App. 16-11-131(c) mandating the granting of a pardon. An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. Constructive possession is sufficient to prove a violation. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 16-11-131, the trial court properly dismissed the charge. Wyche v. State, 291 Ga. App. 618, 829 S.E.2d 820 (2019). 16-11-106(b)(1), carrying a concealed weapon, O.C.G.A. 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. Walker v. State, 282 Ga. 774, 653 S.E.2d 439 (2007), cert. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 233, 303 S.E.2d 773 (1983); Mayweather v. State, 254 Ga. 660, 333 S.E.2d 597 (1985); Hamilton v. State, 179 Ga. App. 16-11-131(b). 828, 711 S.E.2d 387 (2011). Sign up for our free summaries and get the latest delivered directly to you. Sufficient evidence supported convictions of felony murder, armed robbery, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony where, upon pulling into an apartment complex to turn around and ask for directions, the victims were approached by defendant and another man, defendant pulled out a gun and told the victims to "give it up," when one of the victims hesitated, defendant shot the victim, defendant then stole that victim's money and jewelry, and later, the gunshot victim died; the second victim described defendant, who was wearing a specific jersey at the time of the crimes, and two witnesses who knew defendant testified that defendant robbed and shot the victim while wearing that jersey. You already receive all suggested Justia Opinion Summary Newsletters. 523(a)(2), 44 A.L.R. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 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. WebThe suspect was a convicted felon who was not allowed to possess a firearm and was currently out on bond for Assault Against a Family Member. 17-10-7 were valid. Harris v. State, 283 Ga. App. 611 et seq. Tanner v. State, 259 Ga. App. Tiller v. State, 286 Ga. App. Further, because the evidence showed that the defendant committed the burglary in which certain guns were stolen, it followed that the defendant took possession of the guns during the burglary, thus, there was sufficient circumstantial evidence to support the verdict of guilty on the possession of a firearm by a convicted felon charge with regard to the guns found in the bedroom of defendant's parent. Joiner v. State, 163 Ga. App. 16-5-3(a), a killing resulting from an unlawful act other than a felony. Alvin v. State, 287 Ga. App. - In a case in which the evidence showed that defendant, a convicted felon, used a firearm to shoot the deceased, a trial court erred in granting defendant's motion to quash the indictment under O.C.G.A. - Police search of a defendant's bag and person, which produced handguns, cocaine, cash, and other drugs was lawful because the search was made pursuant to the police officers' lawful warrantless arrest of the defendant when the defendant arrived at a motel room exactly answering a detailed description provided by a confidential informant, who stated that the defendant would be carrying a shoulder bag containing drugs and a loaded handgun. Evidence that defendant kept guns in storage in safes immediately after defendant was released from prison on parole after defendant's convictions for aggravated assault and firing a gun at another was sufficient to show that defendant was guilty of possession of a firearm by a first offender probationer. 3d Art. 16-11-131, criminalizing a felon's firearm possession, gave insufficient notice to defendant that the Pennsylvania misdemeanor could be a predicate felony for a charge under the statute. 16-11-131. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 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. O.C.G.A. U80-32. I, Para. Construction with O.C.G.A. WebThe law concerning Unlawful Possession of a Firearm is found in Texas Penal Code Section 46.04: (a) A person who has been convicted of a felony commits an offense if he 640, 448 S.E.2d 745 (1994). 2d 213 (1984). Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 246, 384 S.E.2d 451 (1989). 2d 532 (2005). 16-11-131 is not an ex post facto law. Drummer v. State, 264 Ga. App. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 290 (2012). Defendant's conviction for possession of a firearm by a convicted felon, based upon defendant's and an accomplice's robbing a store at gunpoint, was affirmed because the evidence was sufficient to support the conviction as latent fingerprints, which belonged to defendant, that were found in the car used in the armed robbery sufficiently corroborated the testimony of the accomplice who identified defendant as the driver of the car before the accomplice recanted the accomplice's custodial statement at trial. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. 711, 350 S.E.2d 53 (1986). The offenses charged were separate and distinct and there was no merger; evidence used to establish the burglary was not again used to establish the later crime of possession of a weapon by a convicted felon. Senior v. State, 277 Ga. App. Jury was authorized to find that guns found in defendant's automobile were actual working firearms since there was no evidence introduced to refute a police officer's testimony that the guns were pistols. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). 627, 636 S.E.2d 779 (2006). Fed. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Defendant's conviction for possession of a firearm by a convicted felon was supported by evidence that the defendant was present in the apartment above the defendant's mother's garage, had access to the garage at any time, and was present in the apartment almost every time probation officers visited, allowing the jury to find the defendant had access, power, and intention to exercise dominion or control over the firearm found in the apartment. 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. After the plaintiff appealed a district court's dismissal with prejudice of the complaint seeking declaratory and injunctive relief to prevent the plaintiff's prosecution for violating 18 U.S.C. WebThe simple assault statute, OCGA 16-5-20, provides: (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. 3d Art. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. Web(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the persons release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or 6. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. 86-4. 16-11-106, as the defendant was angered by the victim's presence in the residence, the defendant assaulted the victim with a baseball bat and threatened to kill the victim if the victim did not leave the residence, and when the victim returned to the residence, the defendant fatally shot the victim in the stomach. (a) As used in this Code section, the term: (1) Felony means 331, 631 S.E.2d 388 (2006). Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes 10, 424 S.E.2d 310 (1992). 734, 783 S.E.2d 133 (2016). Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. O.C.G.A. O.C.G.A. 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. denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. 130, 392 S.E.2d 896 (1990). 479, 448 S.E.2d 223 (1994); Boone v. State, 229 Ga. App. 617, 591 S.E.2d 481 (2003). Under 18 U.S.C. 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. 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.
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