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16-11-131 is a reasonable regulation authorized by the police power and thus is not violative of Ga. Const. Web10.15 (a) Possession Of [A Firearm] [An Electric Weapon or Device] [Ammunition] [Or] [Carrying a Concealed Weapon] by a Person Under the Age of 24 Who Has Been Found Delinquent of an Offense that would be a Felony if Committed by an Adult 790.23 (1) (b) or (1) (d), Fla. Stat. 374, 641 S.E.2d 619 (2007). 127, 386 S.E.2d 868 (1989), cert. Waugh v. State, 218 Ga. App. If you are found in possession of a firearm with the intent to use it unlawfully, - Unit of prosecution under O.C.G.A. .010 Definitions for chapter. 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. ROCHESTER, Minn. A Rochester man is set to stand trial for illegal gun possession. Disclaimer: These codes may not be the most recent version. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. 16-3-24.2. 10, 424 S.E.2d 310 (1992). 16-5-3(a), a killing resulting from an unlawful act other than a felony. Since defendant possessed the firearm in violation of O.C.G.A. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. - Defendant's trial counsel could not be ineffective in failing to specifically demur to the charges of possession of a firearm by a convicted felon, and the felony murder based on the same, as it was not necessary for the charge to state what felony formed the basis of the prior conviction. denied, No. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). 3. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. 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). Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 601, 462 S.E.2d 648 (1995). O.C.G.A. Taylor v. State, 267 Ga. App. Charles Randy Payton Lewis, 29, was arrested in September 2022 and 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. For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. You can explore additional available newsletters here. - 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. Edmunds v. Cowan, 192 Ga. App. 16-5-21, possession of a firearm during the commission of a felony under O.C.G.A. Wright v. State, 279 Ga. App. denied, No. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. - 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. Cobb v. State, 283 Ga. 388, 658 S.E.2d 750 (2008). 813, 485 S.E.2d 39 (1997). Construction with 16-3-24.2. 16-11-131, the trial court properly dismissed the charge. Fed. 88; Gray v. State, 254 Ga. App. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 15-11-2 and "firearm" included "handguns" under O.C.G.A. I, Para. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 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. 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. 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,". 3d Art. 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. 6. - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. 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. 105, 733 S.E.2d 407 (2012). 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. 444, 313 S.E.2d 144 (1984). The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. Brown v. State, 268 Ga. App. 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. 790.23 O.C.G.A. Possession of firearms by convicted felons and first offender probationers. - Defendant's contention that the evidence was not sufficient to convict defendant of possessing firearms while a convicted felon because the weapons were not tendered into evidence is without merit. A: Previously, there was a misdemeanor called carrying a weapon without a license (in addition to the felony of possession of a firearm by a convicted felon). Scott v. State, 190 Ga. App. 618, 829 S.E.2d 820 (2019). Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). 388, 691 S.E.2d 283 (2010). - Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the defendant's right to a speedy trial was not violated by the 20-month delay between the date the indictment was issued to the date of the defendant's actual trial as the delay was due to a higher priority of statutory speedy trial demands, so it was not a deliberate delay on the part of the state, and as the defendant failed to show any prejudice from the delay. 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. Clark v. State, 194 Ga. App. Johnson v. State, 203 Ga. App. 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. 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. Butler v. State, 272 Ga. App. 16-11-129(b)(3)). 63 (2018). 16-11-126(c), which concerns carrying a concealed weapon. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. Head v. State, 170 Ga. App. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 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 evidence authorized the trier of fact to conclude that the defendant used one firearm to shoot the victim and possessed another firearm in the defendant's bedroom. - For annual survey of criminal law, see 56 Mercer L. Rev. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. The same restriction does not apply for long guns like rifles and shotguns. - 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. Rev. Davis v. State, 287 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. 1986 Op. Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). - One charged with possession of a firearm by a convicted felon was prohibited from collaterally attacking a prior felony conviction that served as the predicate offense since O.C.G.A. - Because the defendant presented sufficient evidence to show that trial counsel was ineffective in failing to stipulate to the defendant's felon status or to obtain a jury charge limiting the jury's consideration of the defendant's criminal history, such failures prejudiced the defendant's defense sufficiently to require a new trial on a charge of aggravated assault; however, given the defendant's admission to possessing a gun at the time of the altercation, no prejudice resulted to warrant reversal and a new trial on the possession of a firearm by a convicted felon conviction. 2d 213 (1984). (1) Felony means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Count of possession of firearm by convicted felon does not merge with related armed robbery charge. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 847, 368 S.E.2d 771, cert. 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. 24, 601 S.E.2d 405 (2004). Suluki v. State, 302 Ga. App. 16-11-131; two witnesses testified that the defendant had told the witnesses that the defendant shot the victim, and one of the witnesses testified that the defendant stated that the shooting occurred during a robbery, the defendant discarded a gun that was later found to be the murder weapon while fleeing police on another crime, and the defendant admitted to police that the murder weapon was the defendant's, that the defendant stole $100 from the victims, and that the defendant shot the murder victim. R. Civ. Layne v. State, 313 Ga. App. - 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. 24-4-6 (see now O.C.G.A. 24-5-506) to try a firearms possession charge, which required evidence of a prior felony conviction, together with a marijuana and a burglary charge. The evidence at trial on the malice murder and possession of a firearm during the commission of a crime charges was sufficient and was incorporated by reference into the trial on the firearm count. 3d Art. Fed. 627, 636 S.E.2d 779 (2006). 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. 614, 340 S.E.2d 256 (1986). 637, 832 S.E.2d 453 (2019). 16-11-131(b) is possession of a single firearm, and the defendant could be separately punished for possession of each of the firearms seized from the defendant's house; thus, the trial court committed no error in declining to merge the defendant's four firearm-related convictions for purposes of sentencing. Fed. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). 45 (2018). 3d Art. Fed. Porter v. State, 275 Ga. App. - Georgia Supreme Court held that the phrase any firearm, as used in 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. art. Get free summaries of new opinions delivered to your inbox! denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 711, 350 S.E.2d 53 (1986). Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. WebThe 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLVI. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 130, 392 S.E.2d 896 (1990). - 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. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. 1. The 2016 amendment, effective July 1, 2016, substituted "as a matter of law pursuant to Code Section 42-8-60" for "pursuant to Code Section 42-8-62" near the middle of subsection (f). .030 Defacing a firearm. 24-1.1. - State Board of Pardons and Paroles has authority to restore, in a pardon to a Georgian convicted of a felony, the right to receive, possess or transport in commerce a firearm, so long as the pardon expressly uses wording which appears in 18 U.S.C. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. 230, 648 S.E.2d 738 (2007). In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. 16-11-131, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. 16-11-131 is not an ex post facto law. 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. 16-11-129(b)(3). 7, 806 S.E.2d 302 (2017). Web- 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 Constructive possession is sufficient to prove a violation. 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. If convicted, he faces a sentence of up to 40 years in prison. 16-11-131. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). 370, 358 S.E.2d 912 (1987). Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. Includes enactments through the 2022 Special Session. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 1980 Op. 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. Att'y Gen. No. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 828, 711 S.E.2d 387 (2011). 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. 481, 657 S.E.2d 533 (2008), cert. Please check official sources. Jolly v. State, 183 Ga. App. 1980 Op. 16-11-131(b). - 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. 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. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 474, 646 S.E.2d 695 (2007). You already receive all suggested Justia Opinion Summary Newsletters. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. McKie v. State, 345 Ga. App. - O.C.G.A. 1983, Art. Fed. Had sufficient notice been given, the full faith and credit clause, U.S. Const. denied, 129 S. Ct. 481, 172 L. Ed. "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. 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. this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 143, 444 S.E.2d 115 (1994). Evidence supported defendant's conviction for possession of a firearm by a convicted felon as defendant's possession of the victim's handgun and shotgun on the night of the crimes was shown by the victim's direct testimony, rather than by circumstantial evidence, since: (1) the victim testified that two men forced their way into the victim's house, hit the victim in the head with a blunt object, recovered a .380 caliber handgun and a 20-gauge single-barrel shotgun, forced the victim to give them thousands of dollars the victim had hidden in the attic, and then fled; (2) during a consensual search, the police found a .380 caliber handgun hidden in the defendant's bedroom that was identified as the victim's by the victim and that bore the same serial number as the victim's gun; and (3) the victim identified defendant in a photo array and at trial; thus, the evidence authorized the jury to find that the defendant was in actual possession of the handgun and that defendant continued to be in at least constructive possession of the handgun when the handgun was found in defendant's bedroom. 896, 418 S.E.2d 155 (1992). Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon where defendant did not dispute that defendant was a convicted felon, and an officer observed defendant with a firearm. 16, 673 S.E.2d 537 (2009), cert. 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 Wyche v. State, 291 Ga. App. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). 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 The range of fine is $50$500. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. 5, 670 S.E.2d 824 (2008). 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 616, 386 S.E.2d 39, cert. Head v. State, 170 Ga. App. 813, 485 S.E.2d 39 (1997). I, Para. Roper v. State, 281 Ga. 878, 644 S.E.2d 120 (2007). 2d 213 (1984). 2d 74 (1992); Holcomb v. State, 231 Ga. App. Whitt v. State, 281 Ga. App. KRS Chapter 527. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. 139 (2016). denied, 190 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. 2d 50 (2007). 421, 718 S.E.2d 335 (2011). 16-5-21(a)(2), possession of a firearm during the commission of a crime, O.C.G.A. 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. 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. There was sufficient evidence to support the defendant's convictions of felony murder, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony; a witness who sold drugs for the defendant got into a dispute with a third person over drugs before the shooting, the defendant upon seeing the victim asked the witness if the victim was the third person in question and then shot the victim, and witnesses placed the defendant at the scene of the crime and testified that the witnesses saw the defendant carrying a gun. Jones v. State, 350 Ga. App. Little v. State, 195 Ga. App. 179, 355 S.E.2d 109 (1987). 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. 273, 297 S.E.2d 47 (1982). Possession of firearms by convicted felons and first offender probationers. Web1 WEAPONS, 724.26 724.26 Possession, receipt, transportation, or dominion and control of firearms, offensiveweapons,andammunitionbyfelonsandothers. (a) As used in this Code section, the term: (1) "Felony" means any offense 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. 588, 600 S.E.2d 675 (2004). 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. However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. 2d 50 (2007). 291, 585 S.E.2d 207 (2003). Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 115, 717 S.E.2d 698 (2011). WebThe suspect was a convicted felon who was not allowed to possess a firearm and was currently out on bond for Assault Against a Family Member. One crime is not "included" in the other and they do not merge. - 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. Hicks v. State, 287 Ga. App. - 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. 178, 786 S.E.2d 558 (2016). denied, No. 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. Rev. Joiner v. State, 163 Ga. App. (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.).