Please check official sources. Thompson v. State, 168 Ga. App. 24-14-6), to exclude every other reasonable hypothesis except that of the defendant's guilt; the defendant made several admissions to officers that constituted direct evidence including that the defendant had a gun in the defendant's bedroom and that the defendant used the gun to hunt. 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. 290 (2012). Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. - Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the defendant's right to a speedy trial was not violated by the 20-month delay between the date the indictment was issued to the date of the defendant's actual trial as the delay was due to a higher priority of statutory speedy trial demands, so it was not a deliberate delay on the part of the state, and as the defendant failed to show any prejudice from the delay. You already receive all suggested Justia Opinion Summary Newsletters. Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.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. One crime is not "included" in the other and they do not merge. 16-11-131(b). 640, 448 S.E.2d 745 (1994). 29, 2017)(Unpublished). Thompson v. State, 281 Ga. App. - In a recitation of felonies in an indictment for violation of O.C.G.A. 627, 295 S.E.2d 756 (1982). (a) As used in this Code section, the term: (1) "Felony" means any offense 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). Jolly v. State, 183 Ga. App. 86-4. 1. 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 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. 16-11-131; two witnesses testified that the defendant had told the witnesses that the defendant shot the victim, and one of the witnesses testified that the defendant stated that the shooting occurred during a robbery, the defendant discarded a gun that was later found to be the murder weapon while fleeing police on another crime, and the defendant admitted to police that the murder weapon was the defendant's, that the defendant stole $100 from the victims, and that the defendant shot the murder victim. 6. 16-5-1, armed robbery under O.C.G.A. 16-11-131(b). 16-11-131; the victims of both armed robberies, who testified as to the defendant's conduct of holding the victims up with a gun and taking cash, identified the defendant as the perpetrator, and when the officers apprehended the defendant, the defendant had a gun. 21-6304. 3d Art. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon as the conviction was supported by more evidence than just defendant's mere spatial proximity to the gun because: (1) the jury could have inferred that defendant actually lived in the apartment rented by defendant's sister and that the items found in the apartment belonged to defendant; and (2) the gun was found in plain view on the television, which defendant claimed as defendant's own, next to defendant's keys to the apartment. 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. 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. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. 106, 739 S.E.2d 395 (2013); Ferguson v. Perry, 292 Ga. 666, 740 S.E.2d 598 (2013); Vann v. State, 322 Ga. App. Midura v. State, 183 Ga. App. 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). 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 604, 327 S.E.2d 566 (1985). Bryant v. State, 169 Ga. App. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 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. 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. 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. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. denied, No. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 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. 3d Art. 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 Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. - For annual survey of criminal law, see 56 Mercer L. Rev. 16-8-41, aggravated assault under O.C.G.A. Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). Head v. State, 170 Ga. App. Cited in Robinson v. State, 159 Ga. App. Defendant's possession of a handgun when the defendant shot the victim on July 29, 2012, was not simultaneous with the defendant's possession of the long guns on August 2, 2012, when the defendant carried them from the house and hid them in the overgrown area of the backyard; thus, those convictions did not merge. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. Fed. (a) As used in this Code section, the term: (1) Felony means 735, 691 S.E.2d 626 (2010). Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. 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. 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. Gun possession may be restricted based on various factors, including: Age/Type of Gun: Federal law prohibits the sale of a handgun to anyone under age 18. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. 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. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. That misdemeanor has been replaced with a new misdemeanor of carrying a weapon without being a lawful weapons carrier (and the same felony of possession of a firearm by a convicted Rev. When a convicted felon is in possession of a sawed-off shotgun, two separate and distinct crimes are being committed, because a prohibited person is in possession of a prohibited weapon. 2d 50 (2007). Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). denied, No. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. Wyche v. State, 291 Ga. App. 24-5-506) to try a firearms possession charge, which required evidence of a prior felony conviction, together with a marijuana and a burglary charge. 163, 290 S.E.2d 159 (1982). Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. 16-11-131's definition of a firearm does not include toys or nonfunctional replicas, and whether a pistol is a firearm is a matter to be determined by the jury. 17-10-7 were valid. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Davis v. State, 325 Ga. App. denied, No. - Victim's testimony at trial sufficiently identified the defendant as the assailant who fired shots at the victim and the evidence was sufficient to support convictions for aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon since the victim knew the defendant from a previous encounter and although it was dark, the victim was able to see the defendant's face during the incident because the area was illuminated by a streetlight. - O.C.G.A. 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. Rev. 925" in the first sentence of subsection (d). 474, 646 S.E.2d 695 (2007). I, Para. The 2016 amendment, effective July 1, 2016, substituted "as a matter of law pursuant to Code Section 42-8-60" for "pursuant to Code Section 42-8-62" near the middle of subsection (f). Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Since defendant possessed the firearm in violation of O.C.G.A. 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 - 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 felon's possession of a firearm in committing the murder as the underlying felony. 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. Driscoll v. State, 295 Ga. App. U80-32. 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.". S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). Culpepper v. State, 312 Ga. App. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. O.C.G.A. Article 63. 3d Art. 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. Mantooth v. State, 335 Ga. App. 616, 386 S.E.2d 39, cert. Coursey v. State, 196 Ga. App. Under 18 U.S.C. 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. 1986 Op. 828, 711 S.E.2d 387 (2011). - Prior felony conviction under O.C.G.A. 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. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. 17-10-7. 15-11-2 and "firearm" included "handguns" under O.C.G.A. WEAPONS AND FIREARMS. 4. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. Warren v. State, 289 Ga. App. 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. Joint trial and use of evidence concerning offense of having been convicted of a felony and thereafter being in possession of a firearm during the trial and deliberation as to counts for armed robbery and possession of the sawed-off shotgun did not prejudice defendant's right to a fair trial by denial of due process and equal protection of the law. 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. - 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. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). When the state's evidence showed that the defendant pulled into a parking lot while the victim was robbing a friend of the defendant's, waited in the defendant's car until the victim came around a corner, and then shot the victim three times without the victim ever having aimed the victim's gun at the defendant, there was sufficient evidence to convict the defendant of felony murder based on the defendant's killing the victim while being a convicted felon in possession of a firearm in violation of O.C.G.A. Waugh v. State, 218 Ga. App. The KRS database was last updated on 03/02/2023. 374, 641 S.E.2d 619 (2007). 153, 630 S.E.2d 661 (2006). 1203(2). 896, 418 S.E.2d 155 (1992). Scott v. State, 190 Ga. App. - Defendant was not entitled to a new jury on a trial of a possession of a firearm by a convicted felon charge as, generally, all charges arising out of the same conduct had to be tried in a single prosecution; although there were limited exceptions to the rule allowing, under proper circumstances, the bifurcation of a possession of a firearm by a convicted felon charge, the defendant was not entitled to a separate trial before a new jury on that charge. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. 313, 744 S.E.2d 833 (2013). 139 (2016). 481, 657 S.E.2d 533 (2008), cert. This charge can land you in prison for a long time. This site is protected by reCAPTCHA and the Google, There is a newer version Joiner v. State, 163 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Mantooth v. State, 335 Ga. App. 770, 728 S.E.2d 286 (2012). 0:02. - 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. Taylor v. State, 267 Ga. App. 608, 722 S.E.2d 351 (2012). If you are convicted, you will face up to 10 years in Robinson v. State, 281 Ga. App. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. Jones v. State, 318 Ga. App. Little v. State, 195 Ga. App. Ziegler v. State, 270 Ga. App. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). Fed. 559, 802 S.E.2d 19 (2017). Smallwood v. State, 166 Ga. App. 2d 213 (1984). Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. 370, 358 S.E.2d 912 (1987). 178, 645 S.E.2d 658 (2007). 165, 661 S.E.2d 226 (2008), cert. O.C.G.A. WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. - 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. Smallwood v. State, 296 Ga. App. 16-11-131(b). - 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. - 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. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). .050 Possession of 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. 734, 783 S.E.2d 133 (2016). Georgia may have more current or accurate information. denied, 186 Ga. App. For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. 1980 Op. 143, 444 S.E.2d 115 (1994). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. The good news is that you have options. Under Texas Penal Code 12.33, 46.04, the unlawful possession of a firearm is a third-degree felony with a punishment range of two to ten years for a defendant with Wright v. State, 279 Ga. App. 16-11-129(b)(3)). 16-11-106(b)(1), carrying a concealed weapon, O.C.G.A. O.C.G.A. 16-11-131. Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the disabilities imposed by this Code section.