O.C.G.A. Fed. 481, 657 S.E.2d 533 (2008), cert. For annual survey on criminal law, see 69 Mercer L. Rev. Butler v. State, 272 Ga. App. 537, 309 S.E.2d 683 (1983). 24-4-6 (see now O.C.G.A. Midura v. State, 183 Ga. App. 3d Art. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. 813, 485 S.E.2d 39 (1997). 76, 635 S.E.2d 380 (2006). Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said 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. Wells v. State, 281 Ga. 253, 637 S.E.2d 8 (2006). 617, 591 S.E.2d 481 (2003). denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. Biggers v. State, 162 Ga. App. 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). denied, 129 S. Ct. 481, 172 L. Ed. Trial court did not err in denying the defendant's motion to bifurcate and separately try the count for being a felon in possession of a firearm because bifurcation was not authorized when the charge of being a felon in possession served as the underlying felony for felony murder. 2d 213 (1984). Possession of Fed. 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. (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 Johnson v. State, 279 Ga. App. Charles Randy Payton Lewis, 29, was arrested in September 2022 and Fed. Tanner v. State, 259 Ga. App. Web18 U.S. Code 3665 - Firearms possessed by convicted felons. 742, 627 S.E.2d 448 (2006). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). WebSPRINGFIELD, 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 convicted felon. 492, 379 S.E.2d 199, cert. Edmunds v. Cowan, 192 Ga. App. - 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. 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 No error found in court's charging the language of O.C.G.A. Possession of firearms by convicted felons and first offender probationers. There was sufficient evidence to support a defendant's burglary conviction as it was within the province of the jury to believe the testimony of the owner of the burglarized home, who was a police officer, and the testimony of a detective, regardless if the owner's trial testimony contradicted a prior written statement. Culpepper v. State, 312 Ga. App. Smith v. State, 180 Ga. App. Up to $10,000 in fines. 16-11-131. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. 0:57. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). The 2017 amendment, effective July 1, 2017, in the middle of subsection (e), inserted "hijacking a" and inserted "in the first degree". - Because the gravamen of the offense of possession of a firearm by a convicted felon is the general receive, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported, O.C.G.A. 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). Warren v. State, 289 Ga. App. 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. - It was proper under O.C.G.A. 3d Art. 557, 612 S.E.2d 865 (2005). 474, 646 S.E.2d 695 (2007). 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. Warren v. State, 289 Ga. App. 16-11-106, and possession of a firearm by a first offender probationer under O.C.G.A. 86-4. 847, 368 S.E.2d 771, cert. Fed. O.C.G.A. 273, 297 S.E.2d 47 (1982). 787, 608 S.E.2d 230 (2004), cert. Major v. State, 280 Ga. 746, 632 S.E.2d 661 (2006). Bogan v. State, 177 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. Green v. State, 302 Ga. App. 2d 344 (2008), overruled on other grounds, No. Although the trial court might not have been presented with evidence that the defendant was in physical possession of a firearm during the hijacking of the victim's car, because the evidence that was presented authorized a finding that the defendant was a party to that crime, and that all those involved were joint conspirators, the trial court did not err in denying the defendant a new trial on grounds that the indictment charging possession of a firearm during the commission of a felony was at fatal variance with the proof presented at trial. - O.C.G.A. Web16-11-131. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Mantooth v. State, 335 Ga. App. Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. Evidence was sufficient to sustain the defendant's convictions of two counts of armed robbery under O.C.G.A. The US Supreme Court on Monday limited new trials for felons convicted for being in possession of a firearm, limiting the retroactive application of its 2019 decision Rehaif v. United States. 2. 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. 1983, Art. Tanksley v. State, 281 Ga. App. 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. 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. According to court That misdemeanor has been replaced with a new misdemeanor of carrying a weapon without being a lawful weapons carrier (and the same felony of possession of a firearm by a convicted Since defendant possessed the firearm in violation of O.C.G.A. McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). When a victim paid defendant money the victim owed, and, after the victim paid the money, defendant told the victim that the victim was going to die anyway and shot the victim as the victim sat in a vehicle with two other people, the evidence was sufficient to allow a rational trier of fact to find defendant guilty beyond a reasonable doubt of felony murder, possession of a weapon by a convicted felon, and possession of a weapon during the commission of a felony. 137, 570 S.E.2d 424 (2002); Herring v. State, 277 Ga. 317, 588 S.E.2d 711 (2003); Thornton v. State, 288 Ga. App. O.C.G.A. For annual survey on criminal law, see 70 Mercer L. Rev. Const., amend. Web790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.. Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. - 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. 616, 386 S.E.2d 39, cert. 16-11-131 was tantamount to a directed verdict, requiring reversal. - 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. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. 2d 122 (2008). 1983, Art. P. 26(b)(3), 44 A.L.R. R. Civ. Tanksley v. State, 281 Ga. App. Jolly v. State, 183 Ga. App. Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). 896, 418 S.E.2d 155 (1992). Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. 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. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. 42-8-62 at the time the defendant allegedly violated O.C.G.A. Davis v. State, 287 Ga. App. WebThe range of punishment in the county jail is ten dayssix months. Wright v. State, 279 Ga. App. Tiller v. State, 286 Ga. App. 135, 395 S.E.2d 574 (1990). Get free summaries of new opinions delivered to your inbox! Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 614, 340 S.E.2d 256 (1986). 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. - Possession of an antique shotgun while a convicted felon was sufficient to sustain a conviction under O.C.G.A. Thomas v. State, 305 Ga. App. 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. If convicted, they face up to 10 years in federal prison. 16-11-129(b)(3)). Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. 374, 641 S.E.2d 619 (2007). 523, 359 S.E.2d 416 (1987). IV. 580, 305 S.E.2d 29 (1983); Brown v. State, 168 Ga. App. 2d 50 (2007). 17-10-7. 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). 16-5-1, armed robbery under O.C.G.A. denied, No. Because the evidence showed that the probationer had continuous access to the firearms in the house on the day of a fatal shooting, and that the probationer intended to, and did in fact exercise control over the sons' access to one of the guns in the minutes leading up to the shooting, the trial court properly found that the probationer had constructive possession of the firearm. 178, 786 S.E.2d 558 (2016). Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). Clark v. State, 194 Ga. App. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 172, 523 S.E.2d 31 (1999). 2d 50 (2007). Criminal possession of a firearm by a convicted felon. 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. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. denied, No. Belt v. State, 225 Ga. App. 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. Hall v. State, 322 Ga. App. 801, 701 S.E.2d 202 (2010). 3d Art. - 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. 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. The District Attorneys Office Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). Defendant's conviction of possession of a firearm by a convicted felon under O.C.G.A. - 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. 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,". 1. 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. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 24-1.1. Haggins v. State, 277 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. 16-11-131, since the violation of that statute was an other crime not shown to be connected with the one on trial, served no useful or relevant purpose, placed the defendant's character in evidence, and was prejudicial to the defendant. 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. - 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. 911, 386 S.E.2d 868 (1989); Black v. State, 261 Ga. 791, 410 S.E.2d 740 (1991), cert. 16-11-129(b)(3). 618, 829 S.E.2d 820 (2019). "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. Jones v. State, 318 Ga. App. 61, 635 S.E.2d 353 (2006). 115, 717 S.E.2d 698 (2011). Warren v. State, 289 Ga. App. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 711, 350 S.E.2d 53 (1986). Hicks v. State, 287 Ga. App. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. Former Code 1933, 26-2914 (see now O.C.G.A. ROCHESTER, Minn. A Rochester man is set to stand trial for illegal gun possession. (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 16-11-131 punishes a discrete crime and subjects a defendant to neither double jeopardy nor multiple prosecutions for the same offense. 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. - 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. - 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. 734, 783 S.E.2d 133 (2016). - 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. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). 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. Baker v. State, 214 Ga. App. 388, 691 S.E.2d 283 (2010). 16-11-126(c), which concerns carrying a concealed weapon. 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. 16-11-131, the failure to correctly list a conviction as forgery in the first degree, instead of forgery, did not result in a variance between the indictment and proof offered at the trial so as to affect defendant's substantial rights. 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. 105, 733 S.E.2d 407 (2012). 16-11-131(b), indicated that the quantity of firearms was inconsequential and that the gravamen of the offense was the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported and, therefore, the statute unambiguously permitted only one conviction for simultaneous possession of any number of firearms. 481, 657 S.E.2d 533 (2008), cert. Starling v. State, 285 Ga. App. 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. 828, 711 S.E.2d 387 (2011). 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. - Defendant's counsel's performance was defective for failing to file a motion to suppress a handgun found by police in the defendant's rear waistband because the defendant was in handcuffs, face down on the floor, and could have reasonably believed that the defendant was under arrest. Warren v. State, 289 Ga. App. O.C.G.A. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). There are nearly 22 million guns owned in the Lone 16-11-131 merged with the defendant's conviction of felony murder under O.C.G.A. You're all set! 481, 657 S.E.2d 533 (2008), cert. The same restriction does not apply for long guns like rifles and shotguns. - 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. 1976, Art. 16-5-1 and on possession of a firearm by a convicted felon in violation of O.C.G.A. Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 178, 645 S.E.2d 658 (2007). - Because defendant's three prior felony convictions, and a subsequent conviction of possession of a firearm by a convicted felon as a result of one or more of those felonies, remained separate felonies that could be used to impose a recidivist punishment for the commission of yet another felony, and defendant did not seek to collaterally attack any of those convictions, the recidivists sentences imposed under O.C.G.A. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. 786, 653 S.E.2d 104 (2007). - 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. McKie v. State, 345 Ga. App. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 16-11-131. 197, 626 S.E.2d 169 (2006). 734, 310 S.E.2d 725 (1983). 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 - 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. Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. 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. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. 230, 648 S.E.2d 738 (2007). .020 Carrying concealed deadly weapon. McTaggart v. State, 285 Ga. App. 16-1-7 and former24-9-20 (see now O.C.G.A. 10, 424 S.E.2d 310 (1992). Absent a pardon, such an applicant commits a felony under O.C.G.A. 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. 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. Att'y Gen. No. 16-11-131(b) if the felon carries a firearm. 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. Evidence was sufficient to find the defendant guilty of voluntary manslaughter in violation of O.C.G.A. 3d Art. 922(g)(1), convicted felons lose gun rights. 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. 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. Layne v. State, 313 Ga. App. 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. 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.
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