possession of firearm by convicted felon ocga
Robinson v. State, 281 Ga. App. 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. Count of possession of firearm by convicted felon does not merge with related armed robbery charge. 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. 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. Glass v. State, 181 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. Georgia may have more current or accurate information. 6. The first defendant told a driver to stop a car while the second defendant and the victim got out of another car; the second defendant held the victim at gunpoint with an AK-47; the first defendant jumped out of the car and approached the second car with a .45 caliber handgun; both defendants fired their weapons at the victim as the victim was running; after the victim fell, the second defendant stood over the victim with the rifle and fired several more times; the victim suffered five back-to-front bullet wounds; and shell casings from a .45 caliber handgun as well as an AK-47 were found at the scene. WebGeorgia Code 16-11-131. - Defendant's conviction for possession of a firearm by a convicted felon was reversed because the defendant established ineffective assistance of counsel for counsel's failure to object to the witness's testimony that improperly bolstered the investigator's testimony and credibility. Mantooth v. State, 335 Ga. App. - 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. Article 63. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 608, 722 S.E.2d 351 (2012). - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. 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. denied, No. - 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. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 290 (2012). Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). State Journal-Register. Construction with O.C.G.A. 16-11-131 is not an ex post facto law. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. According to court Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. O.C.G.A. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). 314, 387 S.E.2d 602 (1989); 123 A.L.R. After the appellant was found guilty of criminal damage to property, kidnapping, and possession of a firearm by a convicted felon, evidence of the appellant's prior felony conviction for voluntary manslaughter was clearly admissible since the state's evidence proving the appellant's prior conviction contained references not only to voluntary manslaughter, as alleged in the indictment, but also to charges of murder and aggravated assault. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". 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. 165, 661 S.E.2d 226 (2008), cert. 493, 349 S.E.2d 490 (1986); Booker v. State, 257 Ga. 37, 354 S.E.2d 425 (1987); Jackson v. State, 186 Ga. App. - 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. 0:02. 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. 16-11-131(b) clearly prohibited all convicted felons from possessing a firearm until the felons were pardoned from the felons' felony convictions or otherwise relieved of the disability, and no exception was made for an invalid outstanding felony conviction. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. A federal jury found a Springfield man guilty last week for knowingly possessing a firearm as a convicted felon after a two-day trial at 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. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. Extradition Treaties Between United States of America and United Kingdom of Great Britain and Northern Ireland - United States and United Kingdom Cases, 45 A.L.R. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Malone v. State, 337 Ga. App. Ziegler v. State, 270 Ga. App. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). - Trial court erred in admitting into evidence over objection a fingerprint card taken following a felony arrest of defendant for violation of, inter alia, O.C.G.A. 246, 384 S.E.2d 451 (1989). - 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. 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 16-11-131. 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. 16-11-129(b)(3). Cade v. State, 351 Ga. App. 2. 3d Art. A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Conducting a trial on a possession of a firearm charge prior to the sentencing phase and before the same jury that imposed a death sentence on a defendant did not unnecessarily prejudice the jury by impermissibly placing the defendant's character in issue in the sentencing phase since the state could have introduced evidence of the defendant's prior convictions during the sentencing phase. Warren v. State, 289 Ga. App. 16-11-131, the failure to correctly list a conviction as forgery in the first degree, instead of forgery, did not result in a variance between the indictment and proof offered at the trial so as to affect defendant's substantial rights. 637, 832 S.E.2d 453 (2019). Web18 U.S. Code 3665 - Firearms possessed by convicted felons. Brown v. State, 268 Ga. App. Had sufficient notice been given, the full faith and credit clause, U.S. Const. 16-5-1(c) predicated on possession of a firearm by a convicted felon. Fed. Att'y Gen. No. 828, 711 S.E.2d 387 (2011). Fed. 5. WebIf convicted of Actual Possession of a Firearm by a Convicted Felon, a judge is required to impose a minimum-mandatory sentence of three-years in prison and can also impose any combination of the following penalties: Up to fifteen (15) years in prison. 105, 650 S.E.2d 767 (2007). 901, 386 S.E.2d 39 (1989). Convicted felon's conviction for possession of a shotgun was authorized, even though the shotgun was not in the felon's immediate possession, where the evidence supported a finding that the felon was a party to the crime of burglary and the felon and codefendant were co-conspirators. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. Charles Lewis. Jolly v. State, 183 Ga. App. 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. 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. 2d 122 (2008). 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. - When officers went to a defendant's residence to conduct a probation search based on a tip that the defendant was involved with drugs, as the defendant willingly led the officers to a concealed gun, and voluntarily furnished a urine sample that tested positive for methamphetamine, the defendant gave valid consent to the search, which eliminated the need for either probable cause or a search warrant under U.S. 16-11-131 was tantamount to a directed verdict, requiring reversal. 608, 845 S.E.2d 345 (2020); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020). 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. 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. Evidence that handguns belonging to a passenger in a defendant's car, that the handguns were within an arm's reach of the defendant during the commission of felony drug offenses, that the defendant knew that the passenger carried guns for protection while in the drug trade in which the defendant actively participated, and that the defendant was a first offender probationer was sufficient to show that the defendant jointly and constructively possessed the handguns in violation of O.C.G.A. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. - Juvenile court erred by modifying the juvenile's disposition after determining that the disposition was void on the ground that the juvenile's conduct did not qualify as a Class-B felony because carrying a weapon in a school zone qualified as a Class-B designated felony under O.C.G.A. 1983, Art. Suluki v. State, 302 Ga. App. 734, 310 S.E.2d 725 (1983). Strawder v. State, 207 Ga. App. 163, 290 S.E.2d 159 (1982). denied, No. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. WebNORFOLK, Va. An Isle of Wight man was sentenced today to 81 months in prison for being a convicted felon in possession of firearms and ammunition. VIII). Johnson v. State, 203 Ga. App. 444, 313 S.E.2d 144 (1984). Whitt v. State, 281 Ga. App. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 210, 348 S.E.2d 736 (1986); Dickerson v. State, 180 Ga. App. Harvey v. State, 344 Ga. App. 16-3-21(a) and16-11-138 in combination effectively provide this rule of law: A person is justified in threatening or using force against another, or in possessing a weapon in circumstances otherwise prohibited under the Code, when and to the extent that he or she reasonably believes that such threat or force or conduct otherwise prohibited is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force. 481, 657 S.E.2d 533 (2008), cert. 374, 626 S.E.2d 579 (2006). Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 481, 657 S.E.2d 533 (2008), cert. 230, 648 S.E.2d 738 (2007). denied, 129 S. Ct. 481, 172 L. Ed. Thompson v. State, 281 Ga. App. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. 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. Hutchison v. State, 218 Ga. App. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 63 (2018). 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. 17-10-7 were valid. As used in this Code section, the term "forcible felony" means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; murder in the second degree; burglary in any degree; robbery; armed robbery; home invasion in any degree; kidnapping; hijacking of an aircraft or hijacking a motor vehicle in the first degree; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection. 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 State v. Santerfeit, 163 Ga. App. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. Section 925" was substituted for "18 U.S.C. Davis v. State, 325 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. 45 (2018). - Ga. L. 2012, p. 899, 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. 16-11-131(b). Jones v. State, 318 Ga. App. 135, 395 S.E.2d 574 (1990). Construction with O.C.G.A. Rev. 139 (2016). 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. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. - 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. - Prior felony conviction under O.C.G.A. Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. Belt v. State, 225 Ga. App. Harris v. State, 283 Ga. App. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 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. 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. 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). Trial court did not err in denying the defendant's motion to suppress evidence a police officer recovered from a rental car because the officer had reasonable grounds for detaining the defendant since the officer found the defendant and a friend in the parking lot of a closed business late at night, knew that several burglaries and thefts had occurred in the area recently, and observed that the defendant and the friend appeared to be nervous when the officer spoke with them; in the course of securing a firearm the officer saw a firearm in the center console of the rental car, the officer saw in plain view a digital scale with white residue, affording the officer probable cause to effect a custodial arrest of the defendant. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 787, 608 S.E.2d 230 (2004), cert. 2d 213 (1984). This charge can land you in prison for a long time. Fed. - In a prosecution for violation of O.C.G.A. Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). 1. Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). When there was no evidence that a pistol was not a firearm, the evidence was sufficient to support the jury's finding that the pistol was such beyond a reasonable doubt. 61 (2017). Adkins v. State, 164 Ga. App. Layne v. State, 313 Ga. App. Jones v. State, 350 Ga. App. Constructive possession is sufficient to prove a violation. 3d Art. 331, 631 S.E.2d 388 (2006). McKie v. State, 345 Ga. App. 374, 641 S.E.2d 619 (2007). 21-6304. 3d Art. 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.
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