16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. 301, 460 S.E.2d 871 (1995). 42-8-62 at the time the defendant allegedly violated O.C.G.A. 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. denied, 129 S. Ct. 169, 172 L. Ed. IV. 3, 635 S.E.2d 270 (2006). 2d 122 (2008). In the defendant's murder trial, trial counsel was not ineffective for failing to specially demur to the counts in the defendant's indictment charging possession of a firearm by a convicted felon and felony murder predicated on that crime because neither count specified the felony of which the defendant was previously convicted; although it was required that the state prove a felony, it was not required that the felony be listed in the indictment. Glass v. State, 181 Ga. App. O.C.G.A. 290 (2012). Jones v. State, 318 Ga. App. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. - 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. 16-11-131(b) if the felon carries a firearm. Harris v. State, 283 Ga. App. - 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. 2d 50 (2007). Evidence supported the defendant's convictions for malice murder, felony murder, aggravated assault, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. Baker v. State, 214 Ga. App. Warren v. State, 289 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). State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). 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. 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. 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. 787, 608 S.E.2d 230 (2004), cert. An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. - To support a conviction for possession of a firearm by a convicted felon, the state need only prove that the accused is a convicted felon and in possession of a firearm as defined in O.C.G.A. 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 16-11-131. denied, No. Up to $10,000 in fines. Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). Absent a pardon, such an applicant commits a felony under O.C.G.A. (Code 1933, 26-2914, enacted by Ga. L. 1980, p. 1509, 1; Ga. L. 1982, p. 1171, 2; Ga. L. 1983, p. 945, 1; Ga. L. 1987, p. 476, 1, 2; Ga. L. 1989, p. 14, 16; Ga. L. 2000, p. 1630, 5; Ga. L. 2012, p. 899, 8-5/HB 1176; Ga. L. 2014, p. 426, 4/HB 770; Ga. L. 2014, p. 444, 2-5/HB 271; Ga. L. 2016, p. 443, 6C-2/SB 367; Ga. L. 2017, p. 417, 3-1/SB 104; Ga. L. 2018, p. 550, 4-4/SB 407.). - 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. 16-11-131(b), because during an argument with the victims, the defendant shot the victims and threatened to kill the victims. XIV and U.S. - When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. 63 (2018). 3d Art. .030 Defacing a firearm. 178, 645 S.E.2d 658 (2007). 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 80-122. 233, 303 S.E.2d 773 (1983); Mayweather v. State, 254 Ga. 660, 333 S.E.2d 597 (1985); Hamilton v. State, 179 Ga. App. Disclaimer: These codes may not be the most recent version. 16-5-1, armed robbery under O.C.G.A. Ingram v. State, 240 Ga. App. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 365, 427 S.E.2d 792 (1993). 370, 358 S.E.2d 912 (1987). 896, 418 S.E.2d 155 (1992). 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 572, 754 S.E.2d 151 (2014). If convicted, he faces a sentence of up to 40 years in prison. If you are convicted, you will face up to 10 years in 45 (2018). Defendant's conviction of possession of a firearm by a convicted felon under O.C.G.A. 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. - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. 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.". 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. 3d Art. 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. 608, 722 S.E.2d 351 (2012). 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. 374, 641 S.E.2d 619 (2007). Att'y Gen. No. Green v. State, 302 Ga. App. Rev. Fed. Hutchison v. State, 218 Ga. App. 790.23 801, 701 S.E.2d 202 (2010). Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. You can explore additional available newsletters here. Hicks v. State, 287 Ga. App. 1. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 1980 Op. 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. 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. Culpepper v. State, 312 Ga. App. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. 16-11-131 is not an ex post facto law. Webprobationers are generally forbidden to possess firearms, and if a convicted felon or felony first-offender probationer unlawfully possesses a firearm, he commits a felony. 421, 718 S.E.2d 335 (2011). In the Interest of D. B., 341 Ga. App. Anderson v. State, 285 Ga. 496, 678 S.E.2d 84 (2009). - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Campbell v. State, 279 Ga. App. 813, 485 S.E.2d 39 (1997). 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. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 611 et seq. R. Civ. 61, 635 S.E.2d 353 (2006). Sign up for our free summaries and get the latest delivered directly to you. 165, 661 S.E.2d 226 (2008), cert. 492, 379 S.E.2d 199, cert. - Unit of prosecution under O.C.G.A. 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, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. Little v. State, 195 Ga. App. 347. 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. 2d 50 (2007). S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). Att'y Gen. No. - 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. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 16-11-131 or in refusing to charge sudden emergency, specific intent, or 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. Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). Tanner v. State, 259 Ga. App. 299, 630 S.E.2d 774 (2006). - 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. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. 16-11-131(b). Smallwood v. State, 166 Ga. App. Section 46.04 of the Texas Penal Code specifically states that a person who has been Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. 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. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. Removal of Trustee in Bankruptcy Under 11 U.S.C.A. 627, 295 S.E.2d 756 (1982). 88; Gray v. State, 254 Ga. App. denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. 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. Green v. State, 287 Ga. App. 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. Fed. Construction and application of state statutes and local ordinances regulating licenses or permits to carry concealed weapons, 12 A.L.R.7th 4. Peppers v. State, 315 Ga. App. Defendant was properly convicted on two counts of possession of a firearm by a convicted felon as a result of the police finding a silver .32 caliber handgun in the closet of the defendant's master bedroom, which also contained the defendant's clothes and other possessions, and to which the defendant admitted ownership; in turn, the victim testified that the defendant shot the victim with a gun, and the police found .380 caliber shell casings at the crime scene. 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. State Journal-Register. Since the defendant's first-offender probation expired prior to the date on which the defendant was alleged to have possessed a firearm and the state presented no evidence that the defendant possessed a firearm during the term of probation and prior to the defendant's discharge, the defendant's conviction for possession of a firearm by a first-offender probationer had to be reversed. 16-5-3(a), a killing resulting from an unlawful act other than a felony. - CRIMES AGAINST THE PUBLIC SAFETY. 16-11-131 where a victim testified to seeing the weapon emerge from the window of defendant's truck, and then saw the muzzle flash. 17-10-7. 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. Simpson v. State, 213 Ga. App. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. .020 Carrying concealed deadly weapon. 2d 74 (1992); Holcomb v. State, 231 Ga. App. Cited in Robinson v. State, 159 Ga. App. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. 1. Wyche v. State, 291 Ga. App. Charles Lewis. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. Senior v. State, 277 Ga. App. 847, 368 S.E.2d 771, cert. 742, 627 S.E.2d 448 (2006). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 350, 651 S.E.2d 489 (2007). - In a prosecution of defendant for possession of a firearm by a convicted felon, introduction of evidence showing defendant had a prior criminal record was necessary to prove the charge. 537, 309 S.E.2d 683 (1983). What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. 627, 636 S.E.2d 779 (2006). For article on the 2017 amendment of this Code section, see 34 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. WebThe range of punishment in the county jail is ten dayssix months. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. - 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. Possession of firearms by convicted felons and first offender probationers (a) As used in this Code section, the term: (1) "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Daughtry v. State, 180 Ga. App. 310, 520 S.E.2d 466 (1999). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. WebSec. According to court - 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. 10.16 Using a Firearm While under the Influence 790.151, Fla. Stat. 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. 1983, Art. O.C.G.A. 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. 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. The arrest was made without a warrant or probable cause. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. The KRS database was last updated on 03/02/2023. 16-11-131(b) and (c) is to implicitly repeal O.C.G.A. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. 481, 657 S.E.2d 533 (2008), cert. Wright v. State, 279 Ga. App. Harvey v. State, 344 Ga. App. The same restriction does not apply for long guns like rifles and shotguns. Strawder v. State, 207 Ga. App. 828, 711 S.E.2d 387 (2011). .050 Possession of Whitt v. State, 281 Ga. App. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. Bivins v. State, 166 Ga. App. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). McKie v. State, 345 Ga. App. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. 2d 50 (2007). The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. 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. 0:57. WebThe punishment for possession of a firearm by a convicted felon is significant. This charge can land you in prison for a long time. 388, 691 S.E.2d 283 (2010). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Possession of firearms by convicted felons and first offender probationers. 16-11-131; because the possession count was a predicate offense for the felony murder count, the prior conviction that was admitted into evidence was relevant to the felony murder count, and it was not necessary to sever the possession count. 481, 657 S.E.2d 533 (2008), cert. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. 734, 783 S.E.2d 133 (2016). If you are found in possession of a firearm with the intent to use it unlawfully, Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). Fact that weapon was acquired for self-defense or to prevent its use against defendant as defense in prosecution for violation of 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 967. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). Under 18 U.S.C. 127, 386 S.E.2d 868 (1989), cert. - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. - It could not be presumed that defendant, as owner and head of a household, owned or possessed the firearms found therein during a search for drugs, where there was no other evidence to show that defendant owned or possessed the firearms; the evidence was not sufficient to support defendant's conviction of possession of a firearm by a convicted felon. 481, 657 S.E.2d 533 (2008), cert. Biggers v. State, 162 Ga. App. - 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. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. - O.C.G.A. Rev. The District Attorneys Office Had sufficient notice been given, the full faith and credit clause, U.S. Const. 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. 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. - Clear impact of O.C.G.A. Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). Fed. 16-11-131. O.C.G.A. 2d 213 (1984). - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created under O.C.G.A. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). 16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. 922(g)(1), the plaintiff lacked standing because even if 922(g)(1) was declared unconstitutional as applied to the plaintiff, Georgia law independently barred the plaintiff from possessing a firearm because of the plaintiff's Michigan convictions. Alvin v. State, 287 Ga. App. In a prosecution for possession of a firearm by a convicted felon, armed robbery, and possession of a firearm during the commission of a crime, trial of the charges together was not required since defendant made no motion to sever and, in view of the limiting instructions given and the weight of the testimony of the victim and a corroborating witness, proof of a prior conviction did not place defendant's character in issue to such an extent as to affect the verdict on the armed robbery and firearm charges. You're all set! 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. Porter v. State, 275 Ga. App. Scott v. State, 190 Ga. App. Defendant's conviction of possession of a firearm by a convicted felon was proper because the act of any one of the conspirators involved was the act of all, and because the defendant's co-conspirator possessed a weapon, it followed that the defendant was in constructive possession of the weapon. - Defendant's conviction of possession of a firearm by a convicted felon was not precluded by collateral estoppel where defendant was acquitted of two other charges (aggravated assault and possession of a firearm during commission of a crime against a person) arising out of the same incident; the jury could have concluded that defendant had the gun but did not assault or attempt to rob the victim with it. 523(a)(2), 44 A.L.R. Cobb v. State, 283 Ga. 388, 658 S.E.2d 750 (2008). - 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. - 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. Web16-11-131. Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have his or her license suspended for six months and will be subject to an administrative fine of $50. 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. 3. For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. 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. 444, 313 S.E.2d 144 (1984). Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). This site is protected by reCAPTCHA and the Google, There is a newer version 1976, Art. 734, 310 S.E.2d 725 (1983). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 711, 350 S.E.2d 53 (1986). Edmunds v. Cowan, 192 Ga. App. I, Sec. 16-11-129(b)(3). 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. KRS Chapter 527. - 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. Haggins v. State, 277 Ga. App. 614, 340 S.E.2d 256 (1986). Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). Possession of Chapter 790. 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.
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