Smith v. State, 192 Ga. App. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). - Since the state offered as proof of defendant's previous felony conviction a certified copy of the 1974 burglary conviction of one Henry Levi Glass and defendant presented no evidence contradicting that defendant was the person named in the 1974 documents, it was held that concordance of name alone is some evidence of identity and that in the absence of any denial by defendant and no proof to the contrary, this concordance of name was sufficient to show that defendant and the individual previously convicted were the same person. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. Culpepper v. State, 312 Ga. App. This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm. A drug dealer told police that the drug dealer saw the defendant shoot the victim, although the drug dealer said at trial that the drug dealer did not see the shooting; the drug dealer's spouse testified as to a statement by the drug dealer that was inconsistent with the drug dealer's trial testimony; and another prosecution witness testified that before the shooting, the defendant said that the defendant was "going to get" the victim and that afterward, the defendant said, "I told you I was going to do" the victim. Harris v. State, 283 Ga. App. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. 347. I, Sec. 29, 2017)(Unpublished). 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). 350, 651 S.E.2d 489 (2007). Thompson v. State, 281 Ga. App. 616, 386 S.E.2d 39, cert. 697, 536 S.E.2d 565 (2000); Scott v. State, 276 Ga. 195, 576 S.E.2d 860 (2003); Laster v. State, 276 Ga. 645, 581 S.E.2d 522 (2003). 608, 722 S.E.2d 351 (2012). S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 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. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). Bogan v. State, 177 Ga. App. 2d 74 (1992); Holcomb v. State, 231 Ga. App. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. - With regard to a defendant's convictions on two counts of armed robbery, possession of a firearm during the commission of a crime, failure to obey a traffic control device, fleeing and attempting to elude a police officer, reckless driving, failure to stop at the scene of an accident, and possession of a firearm by a convicted felon, the trial court properly denied the defendant's motion for a new trial and sufficient evidence existed to support the defendant's convictions as the trial court did not err in admitting into evidence certain bullets found in the defendant's possession at the time of the defendant's arrest based on the state allegedly not providing a proper chain of custody; the bullets, unlike fungible articles, were distinct and recognizable physical objects that were identifiable by observation, eliminating the necessity of a chain-of-custody showing. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 16-11-131 was tantamount to a directed verdict, requiring reversal. Admission of a certified copy of defendant's five-year sentence for a prior conviction of armed robbery showing both that defendant had pled guilty to armed robbery and that defendant had been represented by counsel satisfied the requirement of O.C.G.A. 324, 316 S.E.2d 791, rev'd on other grounds, 253 Ga. 429, 322 S.E.2d 228 (1984), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). Wyche v. State, 291 Ga. App. - Defendant's charge of possession of a firearm by a felon, on which a charge of felony murder was predicated, was based on defendant's Pennsylvania misdemeanor conviction for involuntary manslaughter, which carried a maximum five-year sentence. 0:02. Ingram v. State, 240 Ga. App. 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. 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.". Tanksley v. State, 281 Ga. App. Ballard v. State, 268 Ga. App. 16-3-24.2. State may convict and punish for burglary and for unlawful possession of firearm by a previously convicted felon, when the firearm was taken in the burglary. Biggers v. State, 162 Ga. App. 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. Defendant's prior felony conviction for armed robbery is properly admitted where it is the basis for the charge of possession of a firearm by a convicted felon. 178, 786 S.E.2d 558 (2016). - O.C.G.A. 3d Art. 16-5-3(a), a killing resulting from an unlawful act other than a felony. 88; Gray v. State, 254 Ga. App. 922(g)(3) that Persons Who Are Unlawful Users of or Addicted to Any Controlled Substance Cannot Possess Any Firearm or Ammunition in or Affecting Commerce, 44 A.L.R. Anderson v. State, 285 Ga. 496, 678 S.E.2d 84 (2009). "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 16-11-131(b). Web18 U.S. Code 3665 - Firearms possessed by convicted felons. 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 163, 290 S.E.2d 159 (1982). (b.1)Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. Thompson v. State, 168 Ga. App. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 2d 50 (2007). If you are found in possession of a firearm with the intent to use it unlawfully, 16-11-131(a), defining a felony for purposes of the charge of possession of a firearm by a convicted felon, creates an ambiguity in that a person of ordinary intelligence could fail to appreciate that the definition was meant to look past the treatment given a criminal offense by an out-of-state jurisdiction and encompass within the ambit of O.C.G.A. Possession of firearms by convicted felons and first offender probationers. Fed. 24-4-6 (see now O.C.G.A. Head v. State, 170 Ga. App. Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). Daogaru v. Brandon, F.3d (11th Cir. 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. Green v. State, 287 Ga. App. 444, 313 S.E.2d 144 (1984). Hall v. State, 322 Ga. App. 2d 50 (2007). 16-5-1, two counts of aggravated assault in violation of O.C.G.A. - One charged with possession of a firearm by a convicted felon was prohibited from collaterally attacking a prior felony conviction that served as the predicate offense since O.C.G.A. 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. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). Evidence establishing that the defendant was a convicted felon included not only the defendant's guilty plea to a charge of first-degree forgery, a felony, but also the defendant's admissions in closing argument that the defendant had been convicted on just that charge; thus, the evidence was sufficient to convict the defendant of possession of a firearm by a convicted felon. - 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. 153 (2004). 617, 591 S.E.2d 481 (2003). 16-11-131(a)'s definition of a felony created an ambiguity, in that a person of ordinary intelligence could fail to appreciate that the statute intended to encompass any offense with a maximum penalty over 12 months, even if it was called a misdemeanor. Tiller v. State, 286 Ga. App. 17-10-7. - Brady Handgun Violence Prevention Act, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, 140-2-.17. After verdicts were entered on the other counts charged against the defendant, evidence submitted by the state consisting of a certified copy of the defendant's prior conviction showing the defendant's probationary status as a first time offender for felony theft by taking at the time of the crimes was sufficient to support a conviction under 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. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). Jones v. State, 318 Ga. App. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). - It is the public policy of Georgia that possession of firearms by convicted felons generally presents a threat to the safety of the citizens of the state. 178, 786 S.E.2d 558 (2016). I, Sec. 16-11-131(b) because the defendant's bedroom contained two firearms and ammunition for a third gun that was found in a spare bedroom, and a shed the defendant used also contained ammunition for the guns. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Includes enactments through the 2022 Special Session. 770, 728 S.E.2d 286 (2012). 16-3-21 and16-11-138, then it could not be said that the defendant was committing a felony when the defendant shot the victim, and the preclusive bar of 16-3-21(b)(2) would not apply. denied, 129 S. Ct. 481, 172 L. Ed. 61, 635 S.E.2d 353 (2006). 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. Section 925" was substituted for "18 U.S.C. 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. Had sufficient notice been given, the full faith and credit clause, U.S. Const. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Up to $10,000 in fines. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. 3, 635 S.E.2d 270 (2006). 557, 612 S.E.2d 865 (2005). Warren v. State, 289 Ga. App. - Because the only evidence before the jury regarding the defendant's status as a convicted felon was the entry of a guilty plea to a crime that could have been either a felony or a misdemeanor, the evidence failed to provide the jury with a sufficient basis for finding that element beyond a reasonable doubt; consequently, the defendant's conviction for possession of a firearm by a convicted felon had to be reversed. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 16-11-131(b) is possession of a single firearm, and the defendant could be separately punished for possession of each of the firearms seized from the defendant's house; thus, the trial court committed no error in declining to merge the defendant's four firearm-related convictions for purposes of sentencing. Driscoll v. State, 295 Ga. App. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. 559, 802 S.E.2d 19 (2017). 45 (2018). Head v. State, 170 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 16-5-1(c) predicated on possession of a firearm by a convicted felon. For annual survey on criminal law, see 69 Mercer L. Rev. 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. Fed. Get free summaries of new opinions delivered to your inbox! 16-11-131(b) if the felon carries a firearm. .030 Defacing a firearm. Any error in the admission of a witness's statements under the necessity exception to the hearsay rule was harmless in light of the overwhelming evidence of defendant's guilt for assault and possession of a firearm by a convicted felon, including the exact match of defendant's blood sample to the blood found at the scene, the location and timing of defendant's capture, and the fact that defendant had a recent gunshot wound. Merely having once been sentenced to a term of probation as a first offender is not an element of the crime defined in O.C.G.A. - O.C.G.A. 76, 635 S.E.2d 380 (2006). 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. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. Convictions for possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony did not merge, where one crime was not "included" in the other, and each involved proof of distinct essential elements. You're all set! 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. A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or 16-11-131(b). 5, 670 S.E.2d 824 (2008). It is illegal for any person who has been convicted of a felony to possess a firearm. WebThe range of punishment in the county jail is ten dayssix months. Evidence supported the defendants' convictions of malice murder and possession of a firearm by a convicted felon. - 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.
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