Evidence was sufficient to convict the defendant of burglary, aggravated assault, possession of a firearm during the commission of the aggravated assault, and possession of a firearm by a convicted felon because a house-sitter returned to a residence to discover an intruder inside; the intruder flashed a gun and told the house-sitter that the intruder would shoot the house-sitter; the house-sitter identified the defendant, whom the house-sitter had known for over 20 years, as the intruder; and a back window of the home had been shattered. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. I, Para. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 521, 295 S.E.2d 219 (1982). State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. WEAPONS AND FIREARMS. .020 Carrying concealed deadly weapon. 16-11-131. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 742, 627 S.E.2d 448 (2006). 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. 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. 61, 635 S.E.2d 353 (2006). 88; Gray v. State, 254 Ga. App. 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. Baker v. State, 214 Ga. App. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. Att'y Gen. No. Sign up for our free summaries and get the latest delivered directly to you. Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). - Trial court erred in failing to merge, for purposes of sentencing, the defendant's convictions for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon with use of a firearm by a convicted felon during the commission of another felony, because the same act was used to establish each of the offenses and each crime did not require proof of a fact not required by the other. V (see now Ga. Const. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. XIV and U.S. Sufficiency of prior conviction to support prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 39 A.L.R.4th 983. 2016 Statute. - Defendant voluntarily consented to police officers searching the defendant's bedroom; moreover, the officers did not threaten defendant into giving defendant's consent merely by telling defendant that they could obtain a warrant based on their earlier seizure of marijuana in another part of the house. 16-11-131 any offense with a maximum sentence exceeding 12 months, even those denominated "misdemeanor" by the rendering jurisdiction; section was held partly unconstitutional in that it failed to give sufficient notice as to what out-of-state convictions could be used in support of the charge. 301, 460 S.E.2d 871 (1995). Hall v. State, 322 Ga. App. 370, 358 S.E.2d 912 (1987). 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 16-11-131. 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. You're all set! Johnson v. State, 279 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. Construction with O.C.G.A. 197, 626 S.E.2d 169 (2006). Convictions of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that, during an argument involving the defendant and the two victims, the defendant told one of the victims to go get the victim's guns, adding that the defendant had guns, the victim went to the victim's vehicle and retrieved two handguns, approached with arms crossed and a gun in each hand, and the defendant took a gun out of the waistband of the defendant's pants and started shooting, wounding one victim and killing the other victim. - Evidence was insufficient to convict the defendant of possession of a firearm by a convicted felon because the defendant's name did not appear on the lease for the apartment and there was no evidence that the defendant had any clothing or personal items at the apartment; the only evidence linking the defendant to the gun, other than the defendant's proximity to it, was the discovery of paperwork bearing the defendant's name in a closet of the apartment; and that circumstantial evidence did not provide a link between the defendant and the gun, nor did it exclude the possibility that the gun belonged to others present in the apartment - such as the other individual detained in the bedroom or those individuals found in the living room. 901, 386 S.E.2d 39 (1989). 230, 648 S.E.2d 738 (2007). IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. Fed. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Felony convictions include: any person who is on felony first Absent a pardon, such an applicant commits a felony under O.C.G.A. Quinn v. State, 255 Ga. App. Simpson v. State, 213 Ga. App. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). 734, 783 S.E.2d 133 (2016). Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). Charles Lewis. 105, 650 S.E.2d 767 (2007). O.C.G.A. - It was proper under O.C.G.A. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Wright v. State, 279 Ga. App. - 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. 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. 790.23 Charles Randy Payton Lewis, 29, was arrested in September 2022 and Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. This crime is categorized as a third-degree felony. Up to $10,000 in fines. 153, 630 S.E.2d 661 (2006). The applicable date is the date of the offense of possession, not the date of the previous felony conviction. Certified copies of a defendant's out-of-state judgment of conviction, associated complaint, and plea hearing transcript were properly admitted into evidence to show that the defendant was a convicted felon for purposes of O.C.G.A. denied, 129 S. Ct. 169, 172 L. Ed. Harris v. State, 283 Ga. App. 3d Art. The arrest was made without a warrant or probable cause. Suluki v. State, 302 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. 84, 812 S.E.2d 353 (2018), aff'd, 306 Ga. 111, 829 S.E.2d 376 (2019). 734, 310 S.E.2d 725 (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. Hicks v. State, 287 Ga. App. Fed. P. 26(b)(3), 44 A.L.R. 783, 653 S.E.2d 107 (2007). 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. 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. 139 (2016). 640, 448 S.E.2d 745 (1994). 61, 635 S.E.2d 353 (2006). - 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 the defendant was in possession of a handgun "around the time of the shooting" was relevant and material to a charge of possession of a weapon by a convicted felon. Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years. Fed. 16-5-2(a), aggravated assault, O.C.G.A. There was sufficient evidence to support a defendant's burglary conviction as it was within the province of the jury to believe the testimony of the owner of the burglarized home, who was a police officer, and the testimony of a detective, regardless if the owner's trial testimony contradicted a prior written statement. Adkins v. State, 164 Ga. App. 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. Possession of 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. Testimony provided by two accomplices, together with inside information wherein defendant learned about the location of the robbery, the security camera on the premises, the people that worked there, how many people worked there, who was in the back area, and about the safe, when coupled with the fact that the gunman was not captured on the security camera, provided some evidence, though slight, that the robber had such inside information; under the circumstances, the accomplices' testimony was sufficiently corroborated, and the jury was authorized to find defendant guilty of armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. IV. - Because the defendant had completed a three-year first-offender probationary sentence and had been discharged without court adjudication of guilt pursuant to O.C.G.A. Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). ), 44 A.L.R. Haggins v. State, 277 Ga. App. 16-11-131, the trial court did not err in instructing the jury on the definitions of constructive and joint possession to enable the jury to consider whether defendant "possessed" the weapon within the meaning of that section.