denied, No. 1. 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. Belt v. State, 225 Ga. App. 388, 691 S.E.2d 283 (2010). denied, No. 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. 572, 754 S.E.2d 151 (2014). 787, 608 S.E.2d 230 (2004), cert. 697, 536 S.E.2d 565 (2000); Scott v. State, 276 Ga. 195, 576 S.E.2d 860 (2003); Laster v. State, 276 Ga. 645, 581 S.E.2d 522 (2003). 350, 651 S.E.2d 489 (2007). 16-5-2(a), aggravated assault, O.C.G.A. - To the extent that the appellant argued that the trial court erred in imposing consecutive sentences, the argument was without merit because the trial court had broad discretion to impose either a concurrent or consecutive sentence for possession of a firearm by a convicted felon, and the record did not show that the court made that decision under a misapprehension about the scope of the court's discretion. 3d Art. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). Evidence was sufficient to support the defendant's aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon convictions since the jury was entitled to give greater weight to the victim's positive contemporaneous identification of the defendant as the shooter and to conclude that the victim's subsequent uncertainty resulted from fear of retaliation by the defendant rather than from any real confusion about who fired the shot; the jury was also entitled to give little weight to a negative gunshot residue test result on defendant's hands as a sergeant regularly ordered gunshot residue tests on suspects. Johnson v. State, 279 Ga. App. 618, 829 S.E.2d 820 (2019). 5. S09C0986, 2009 Ga. LEXIS 341 (Ga. 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. Possession of firearms by convicted felons and first offender probationers. - 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. denied, 186 Ga. App. Despite the defendant's contrary contentions, evidence seized via the execution of a valid search warrant, specifically a substantial amount of methamphetamine, a set of scales in a case marked "dope kit inside," a .38 revolver, common tools of the drug trade, written instructions for making pure ephedrine, a loose bag of vitamin B-12 commonly used to dilute methamphetamine, over $2,000 in cash, and evidence that the defendant installed a video surveillance system to monitor the front door and driveway, both a trafficking in methamphetamine and possession of a weapon by a convicted felon conviction were supported by sufficient evidence. According to court 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. (a) As used in this Code section, the term: (1) Felony means 42-8-62 at the time the defendant allegedly violated O.C.G.A. 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. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. 16-11-131. Tampa, FL - United States Attorney Roger B. Handberg announces the return of an indictment charging Martez Manning (26, St. Petersburg) with one count of possession denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 16-11-126(c), which concerns carrying a concealed weapon. 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. 273, 297 S.E.2d 47 (1982). 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. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. Fed. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). For annual survey on criminal law, see 69 Mercer L. Rev. Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 301, 460 S.E.2d 871 (1995). Rev. The same restriction does not apply for long guns like rifles and shotguns. 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. 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. 313, 744 S.E.2d 833 (2013). What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. Section 925" was substituted for "18 U.S.C. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. - 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. Please check official sources. 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. The 2018 amendment, effective July 1, 2018, in subsection (b), inserted ", who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2," near the middle, inserted "year", and substituted "ten years" for "five years" in the middle, in the proviso, inserted "upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that", and substituted "for" for "as to" in the middle of the proviso; in paragraph (b.1), inserted "or under conditional discharge", deleted "pursuant to this Code section" following "forcible felony" near the middle, inserted "upon conviction", inserted "year" in the middle, and added the proviso; and, in subsection (f), substituted "sentenced" for "placed on probation" near the beginning, and, in the middle, inserted "or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2" and inserted "or 16-13-2, as applicable,". IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. 627, 636 S.E.2d 779 (2006). Felony convictions include: any person who is on felony first Fed. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Any error in the admission of a witness's statements under the necessity exception to the hearsay rule was harmless in light of the overwhelming evidence of defendant's guilt for assault and possession of a firearm by a convicted felon, including the exact match of defendant's blood sample to the blood found at the scene, the location and timing of defendant's capture, and the fact that defendant had a recent gunshot wound. Davis v. State, 325 Ga. App. Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). 165, 661 S.E.2d 226 (2008), cert. 2d 344 (2008), overruled on other grounds, No. 2d 213 (1984). 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. 492, 379 S.E.2d 199, cert. Bryant v. State, 169 Ga. App. Alvin v. State, 287 Ga. App. - 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. Tanner v. State, 259 Ga. App. 1980 Op. 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.
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