If you are found in possession of a firearm with the intent to use it unlawfully, Peppers v. State, 315 Ga. App. However, the trial court needed to consider whether possession of the firearm before or after the shooting could be prosecuted. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 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. Sufficiency of evidence as to nature of firearm in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms, 37 A.L.R.4th 1179. 165, 661 S.E.2d 226 (2008), cert. Murray v. State, 309 Ga. App. O.C.G.A. 55, 601 S.E.2d 434 (2004). Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 24-1.1. Fed. Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. 16-5-2(a), aggravated assault, O.C.G.A. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. denied, No. 901, 386 S.E.2d 39 (1989). Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). - 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. Jones v. State, 350 Ga. App. Fed. 537, 309 S.E.2d 683 (1983). Thompson v. State, 281 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. 143, 444 S.E.2d 115 (1994). 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. Davis v. State, 287 Ga. App. 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. 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. Mar. 16-11-131(c). Defendant's conviction for possession of a firearm by a convicted felon, based upon defendant's and an accomplice's robbing a store at gunpoint, was affirmed because the evidence was sufficient to support the conviction as latent fingerprints, which belonged to defendant, that were found in the car used in the armed robbery sufficiently corroborated the testimony of the accomplice who identified defendant as the driver of the car before the accomplice recanted the accomplice's custodial statement at trial. 637, 832 S.E.2d 453 (2019). - O.C.G.A. 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. 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. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). 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). 45 (2018). Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). 290 (2012). 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. Robinson v. State, 281 Ga. App. 813, 485 S.E.2d 39 (1997). One crime is not "included" in the other and they do not merge. 16-11-131. 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. 73 (2017). Harris v. State, 283 Ga. App. In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 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. 16-11-131(b) if the felon carries a firearm. 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. WebWhat happens to the firearm rights of a felon will depend on what charges they faced. 16-11-131. Constructive possession is sufficient to prove a violation. Johnson v. State, 203 Ga. App. Malone v. State, 337 Ga. App. Former Code 1933, 26-2914 (see now O.C.G.A. 2d 213 (1984). - 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. Starling v. State, 285 Ga. App. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. See OCGA 16-11-131 (b). Simpson v. State, 213 Ga. App. 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. 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. 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. 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. 7, 806 S.E.2d 302 (2017). 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. Thompson v. State, 168 Ga. App. Midura v. State, 183 Ga. App. 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 16-11-129(b)(3). Sufficient evidence supported the defendant's conviction for possession of a firearm by a convicted felon based on the gun being found in close physical proximity to the defendant and that the defendant had in a pocket the exact number of the proper caliber bullets to completely reload the gun; although others had access to the car before the defendant took possession of the car, the evidence authorized the conclusion that the car had been visually inspected at a point close in time to when the defendant had sole access. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 565, 677 S.E.2d 752 (2009). 310, 520 S.E.2d 466 (1999). 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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Wright v. State, 279 Ga. App. The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". 127, 386 S.E.2d 868 (1989), cert. Possession of Rev. 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). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. 1983, Art. 786, 653 S.E.2d 104 (2007). The District Attorneys Office WebGeorgia Code 16-11-131. - 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. (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes 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. Defendant's conviction of possession of a firearm by a convicted felon under O.C.G.A. O.C.G.A. 16-11-131(c) mandating the granting of a pardon. 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. 16-11-131. 16-5-1(c) predicated on possession of a firearm by a convicted felon. denied, 129 S. Ct. 169, 172 L. Ed. 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. Warren v. State, 289 Ga. App. Cobb v. State, 283 Ga. 388, 658 S.E.2d 750 (2008). 618, 829 S.E.2d 820 (2019). Because sufficient direct and circumstantial evidence showed that the defendant, a prior felon wielding a weapon, engaged in a fight with the two victims, fatally wounding one and shooting the other in the arm, and thereafter fled from police, the defendant's convictions for involuntary manslaughter, reckless conduct, fleeing and eluding, and possession of a firearm by a convicted felon were upheld on appeal. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 448, 352 S.E.2d 642 (1987). WebThe punishment for possession of a firearm by a convicted felon is significant. - In a case where the defendant shot and killed the victim during a robbery, trial counsel's performance was not deficient simply because counsel did not move to sever the firearm possession charge from the other counts of the indictment, since that charge was material to the more serious charges, including malice murder, and, thus, it was not incumbent upon the trial court to bifurcate the trial. 16-11-131(b); the crime is committed when one who is currently on probation as a first offender possesses a firearm. Brown v. State, 268 Ga. App. Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). denied, No. Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. Head v. State, 170 Ga. App. Because conviction of a prior felony is a necessary element of the crime of firearm possession as proscribed by O.C.G.A. 5. - 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. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Strawder v. State, 207 Ga. App. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. Defense counsel was not ineffective under Ga. Const. Little v. State, 195 Ga. App. Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). I, Para. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. Charles Lewis. 16-8-41, aggravated assault under 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. Porter v. State, 275 Ga. App. Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). 3d Art. "Firearm" includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge. 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. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). (a) As used in this Code section, the term: (1) "Felony" means any offense Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 374, 626 S.E.2d 579 (2006). What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. denied, No. - 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. This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm. 388, 691 S.E.2d 283 (2010). 16-3-21(a) and 16-11-138. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). 16-11-129(b)(3). Includes enactments through the 2022 Special Session. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. You already receive all suggested Justia Opinion Summary Newsletters. 16-1-7 and former24-9-20 (see now O.C.G.A. Please check official sources. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). 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. Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. Criminal possession of a firearm by a convicted felon. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 481, 657 S.E.2d 533 (2008), cert. 105, 817 S.E.2d 557 (2018); Barber v. State, 350 Ga. App. Driscoll v. State, 295 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. When the record shows two prior convictions and the records of the two convictions are so inextricably intertwined that one could not effectively be masked or otherwise removed from the jury's view, both convictions should be listed by the prosecutor. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. According to court Fed. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. 178, 786 S.E.2d 558 (2016). 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. 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 16-11-131, the trial court properly dismissed the charge. Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. Williams v. State, 238 Ga. App. 115, 717 S.E.2d 698 (2011). 61, 635 S.E.2d 353 (2006). 6. 350, 651 S.E.2d 489 (2007). 130, 392 S.E.2d 896 (1990). Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. 588, 600 S.E.2d 675 (2004). Sign up for our free summaries and get the latest delivered directly to you. 492, 379 S.E.2d 199, cert. 248, 651 S.E.2d 174 (2007). 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. 16-11-131 is not an ex post facto law. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). 61, 635 S.E.2d 353 (2006). Bogan v. State, 177 Ga. App. Att'y Gen. No. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or 474, 646 S.E.2d 695 (2007). denied, No. SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a Smith v. State, 192 Ga. App. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. Rev. 16-3-24.2. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). 3d Art. 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. The KRS database was last updated on 03/02/2023. Whitt v. State, 281 Ga. App. 1983, Art. 2d 213 (1984). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 63 (2018). Defendant's conviction for possession of a firearm by a convicted felon was supported by evidence that the defendant was present in the apartment above the defendant's mother's garage, had access to the garage at any time, and was present in the apartment almost every time probation officers visited, allowing the jury to find the defendant had access, power, and intention to exercise dominion or control over the firearm found in the apartment. - Proof of previous felony conviction is necessary element of state's proof under 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. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. 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. - O.C.G.A. 828, 711 S.E.2d 387 (2011). 88; Gray v. State, 254 Ga. App. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. 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. ), 44 A.L.R. 0:57. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. 280, 390 S.E.2d 425 (1990). 813, 485 S.E.2d 39 (1997). 735, 691 S.E.2d 626 (2010). Possession of firearms by convicted felons and first offender probationers. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. Section 925" was substituted for "18 U.S.C. 365, 427 S.E.2d 792 (1993). 16-3-21 and16-11-138, then it could not be said that the defendant was committing a felony when the defendant shot the victim, and the preclusive bar of 16-3-21(b)(2) would not apply. 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. This crime is categorized as a third-degree felony. 3, 635 S.E.2d 270 (2006). 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). Hicks v. State, 287 Ga. App. 3d Art. After the plaintiff appealed a district court's dismissal with prejudice of the complaint seeking declaratory and injunctive relief to prevent the plaintiff's prosecution for violating 18 U.S.C. Davis v. State, 325 Ga. App. 604, 327 S.E.2d 566 (1985). 299, 630 S.E.2d 774 (2006). Tanksley v. State, 281 Ga. App. Section 46.04 of the Texas Penal Code specifically states that a person who has been Evidence establishing that the defendant was a convicted felon included not only the defendant's guilty plea to a charge of first-degree forgery, a felony, but also the defendant's admissions in closing argument that the defendant had been convicted on just that charge; thus, the evidence was sufficient to convict the defendant of possession of a firearm by a convicted felon. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). Merely having once been sentenced to a term of probation as a first offender is not an element of the crime defined in O.C.G.A. 481, 657 S.E.2d 533 (2008), cert. An individual accused of robbery takes property belonging to another with the intent to deprive the owner of their possession. Construction with O.C.G.A. 153 (2004). 787, 608 S.E.2d 230 (2004), cert. O.C.G.A. 2d 50 (2007). 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. denied, No. Up to $10,000 in fines. U80-32. Convictions for possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony did not merge, where one crime was not "included" in the other, and each involved proof of distinct essential elements. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). For annual survey on criminal law, see 69 Mercer L. Rev. 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. 16-11-131(b) merely based on circumstantial evidence that failed, in violation of former O.C.G.A. O.C.G.A. 16-11-131(a)(2). 17-10-7(a). Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). 608, 722 S.E.2d 351 (2012). 29, 2017)(Unpublished). 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 16-11-131(b). 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). denied, 186 Ga. App. 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. 2d 344 (2008), overruled on other grounds, No. 24, 601 S.E.2d 405 (2004). 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. State v. Santerfeit, 163 Ga. App. 925" in the first sentence of subsection (d). - 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. denied, 190 Ga. App. 6. Mantooth v. State, 335 Ga. App. Layne v. State, 313 Ga. App. 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

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