Culpepper v. State, 312 Ga. App. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. 16-5-1, armed robbery under O.C.G.A. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 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. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. - 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. Possession of firearms by convicted felons and first offender probationers. Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). denied, No. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 7, 806 S.E.2d 302 (2017). 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. There was sufficient evidence to support the defendant's convictions of malice murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; the defendant and the victim lived in the same rooming house where the defendant often intimidated the victim and demanded money from the victim, on the night of the crime the defendant sent the victim to buy crack cocaine and became angry when the victim returned empty-handed, the defendant argued with the victim and shot the victim in the eye, and at the hospital the victim repeatedly declined to say who shot the victim, except to say that a person with a first name other than the defendant's shot the victim accidentally. Any error in the admission of a certified copy of a defendant's burglary conviction without redacting an attachment that set forth the evidence supporting the conviction was waived by the defendant as the defendant failed to object to the admission of the document at trial; however, the defendant was not unduly prejudiced by the admission of the document as the defendant did not offer to stipulate to the conviction and neither the conviction nor the facts surrounding the conviction were of a nature likely to inflame the passions of the jury. Strawder v. State, 207 Ga. App. If convicted, they face up to 10 years in federal prison. 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. Fed. 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. Suluki v. State, 302 Ga. App. - 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. Warren v. State, 289 Ga. App. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. 617, 591 S.E.2d 481 (2003). No error found in court's charging the language of O.C.G.A. Includes enactments through the 2022 Special Session. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. 421, 718 S.E.2d 335 (2011). 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. Robinson v. State, 281 Ga. App. 523(a)(2), 44 A.L.R. The same restriction does not apply for long guns like rifles and shotguns. 3d Art. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. - 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. 45 (2018). - 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. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). 2. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. 73 (2017). 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. In the Interest of D. B., 341 Ga. App. 523, 359 S.E.2d 416 (1987). You're all set! 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. Evidence supported a defendant's conviction of possession of a firearm by a convicted felon even though the only evidence presented during the separate guilt/innocence phase on that charge was the certified copy of the defendant's indictment, guilty plea, and sentence for the felony offense of theft by taking; the jury was properly instructed that the jury was authorized to consider the evidence presented in the first guilt/innocence phase of the trial, as well as the evidence presented in the second guilt/innocence phase, in reaching the jury's verdict regarding the charge of possession of a firearm by a convicted felon. After the defendant was found guilty of rape and aggravated assault, a separate guilt/innocence trial was held on the firearm possession charge, wherein the state introduced into evidence, without objection, a certified copy of the defendant's guilty plea and sentence for the crime of voluntary manslaughter, which testimony and documentary evidence from the combined proceedings sufficiently established that the defendant was guilty of possession of a firearm by a convicted felon. Construction and application of state statutes and local ordinances regulating licenses or permits to carry concealed weapons, 12 A.L.R.7th 4. Starling v. State, 285 Ga. App. - Because the gravamen of the offense of possession of a firearm by a convicted felon is the general receive, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported, O.C.G.A. - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. 813, 485 S.E.2d 39 (1997). 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). 130, 392 S.E.2d 896 (1990). Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). 521, 295 S.E.2d 219 (1982). 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. See OCGA 16-11-131 (b). 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. Thompson v. State, 168 Ga. App. 324(a), 44 A.L.R. 2d 50 (2007). Jones v. State, 350 Ga. App. 16-3-21(a) and 16-11-138. - 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'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. Evidence was sufficient to support the defendant's convictions for trafficking in cocaine, possession of a firearm during the commission of a felony, possession of a firearm by a convicted felon, and felony fleeing or attempting to elude based on the defendant's involvement in a police chase that included speeds in excess of 100 m.p.h. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. appx. I, Para. Bryant v. State, 169 Ga. App. 16-11-131, insufficiency in the proof of this element demands entry of a judgment of acquittal as to that offense; thus, since the Court of Appeals determined that the state's evidence was insufficient to prove that the defendant was a convicted felon, it was error for that court to remand the case for a hearing on the sole issue of whether the defendant had in fact pled guilty to any prior charges. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 764, 315 S.E.2d 257 (1984). 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. Rev. 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. I, Para. 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. 230, 648 S.E.2d 738 (2007). 2016 Statute. 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. Daughtry v. State, 180 Ga. App. 197, 626 S.E.2d 169 (2006). Web(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section. Belt v. State, 225 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. Ingram v. State, 240 Ga. App. of 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. I, Sec. - Evidence that the defendant was found in possession of two black powder guns was sufficient to support the convictions for possession of a firearm during the commission of a crime and by a convicted felon. Harris v. State, 283 Ga. App. XIV and U.S. 16-11-131. 787, 608 S.E.2d 230 (2004), cert. - 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. 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. 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