Williams v. State, 238 Ga. App. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. You're all set! 2d 213 (1984). 16-5-2(a), aggravated assault, O.C.G.A. Despite the trial court's abuse of discretion in rejecting the defendant's offer to stipulate to a prior conviction for aggravated child molestation, that error was harmless as it was undisputed that the defendant was a convicted felon, admitted to possessing the firearm, and failed to give any justification for possession or offer any evidence of a legal reason to do so. Article 63. 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. 3d Art. Web16-11-131. 775, 296 S.E.2d 110 (1982); Brooks v. State, 250 Ga. 739, 300 S.E.2d 810 (1983); Alexander v. State, 166 Ga. App. 105, 650 S.E.2d 767 (2007). 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. 492, 379 S.E.2d 199, cert. Driscoll v. State, 295 Ga. App. If convicted, he faces a sentence of up to 40 years in prison. 790.23 481, 657 S.E.2d 533 (2008), cert. 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. 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. Tanner v. State, 259 Ga. App. An order of restoration of civil rights granted by the State Board of Pardons and Paroles which expressly authorizes an individual to receive, possess, or transport a firearm satisfies the requirements of O.C.G.A. Evidence that defendant kept guns in storage in safes immediately after defendant was released from prison on parole after defendant's convictions for aggravated assault and firing a gun at another was sufficient to show that defendant was guilty of possession of a firearm by a first offender probationer. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). 2d 213 (1984). 711, 350 S.E.2d 53 (1986). State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). Hinton v. State, 297 Ga. App. Little v. State, 195 Ga. App. IV. - Evidence was insufficient to convict the defendant of possession of a firearm by a convicted felon because the defendant's name did not appear on the lease for the apartment and there was no evidence that the defendant had any clothing or personal items at the apartment; the only evidence linking the defendant to the gun, other than the defendant's proximity to it, was the discovery of paperwork bearing the defendant's name in a closet of the apartment; and that circumstantial evidence did not provide a link between the defendant and the gun, nor did it exclude the possibility that the gun belonged to others present in the apartment - such as the other individual detained in the bedroom or those individuals found in the living room. 16-11-106, as the defendant was angered by the victim's presence in the residence, the defendant assaulted the victim with a baseball bat and threatened to kill the victim if the victim did not leave the residence, and when the victim returned to the residence, the defendant fatally shot the victim in the stomach. Gun possession may be restricted based on various factors, including: Age/Type of Gun: Federal law prohibits the sale of a handgun to anyone under age 18. - 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. (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.). Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). Disclaimer: These codes may not be the most recent version. 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. 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. Malone v. State, 337 Ga. App. 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. Web(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section. Fed. 16-11-131, and introduction of evidence of such previous conviction during trial of issue of guilt is not error. 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. 899, 379 S.E.2d 199 (1989); Clark v. State, 206 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. Daughtry v. State, 180 Ga. App. Head v. State, 170 Ga. App. 640, 448 S.E.2d 745 (1994). 314, 387 S.E.2d 602 (1989); 123 A.L.R. 16-11-126(c), which concerns carrying a concealed weapon. - 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 135, 395 S.E.2d 574 (1990). (b.1)Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. 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. Suluki v. State, 302 Ga. App. 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. Rev. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. Get free summaries of new opinions delivered to your inbox! 94, 576 S.E.2d 71 (2003). .010 Definitions for chapter. 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. Charles Randy Payton Lewis, 29, was arrested in September 2022 and - Defendant's charge of possession of a firearm by a felon, on which a charge of felony murder was predicated, was based on defendant's Pennsylvania misdemeanor conviction for involuntary manslaughter, which carried a maximum five-year sentence. 61, 635 S.E.2d 353 (2006). WebThe 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLVI. - CRIMES AGAINST THE PUBLIC SAFETY. Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). 130, 392 S.E.2d 896 (1990). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. Herndon v. State, 277 Ga. App. Mantooth v. State, 335 Ga. App. 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. White v. State, 312 Ga. App. "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. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. Defense counsel was not ineffective under Ga. Const. 847, 368 S.E.2d 771, cert. 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. 744, 566 S.E.2d 450 (2002), overruled in part by Ross v. State, 279 Ga. 365, 614 S.E.2d 31 (2005). 29, 2017)(Unpublished). 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. 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. (a) As used in this Code section, the term: (1) Felony means Cade v. State, 351 Ga. App. 86-4. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. Convictions of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that, during an argument involving the defendant and the two victims, the defendant told one of the victims to go get the victim's guns, adding that the defendant had guns, the victim went to the victim's vehicle and retrieved two handguns, approached with arms crossed and a gun in each hand, and the defendant took a gun out of the waistband of the defendant's pants and started shooting, wounding one victim and killing the other victim. For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. 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. denied, 192 Ga. App. 16-11-131. 896, 418 S.E.2d 155 (1992). Harvey v. State, 344 Ga. App. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 16-11-131; the victims of both armed robberies, who testified as to the defendant's conduct of holding the victims up with a gun and taking cash, identified the defendant as the perpetrator, and when the officers apprehended the defendant, the defendant had a gun. Possession of firearms by convicted felons and first offender probationers. Fed. 734, 783 S.E.2d 133 (2016). 1980 Op. - 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. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 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. I, Para. Edmunds v. Cowan, 192 Ga. App. 421, 718 S.E.2d 335 (2011). 16-3-24.2. State Journal-Register. - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created under O.C.G.A. 16-11-131. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. 2d 122 (2008). You can explore additional available newsletters here. After the appellant was found guilty of criminal damage to property, kidnapping, and possession of a firearm by a convicted felon, evidence of the appellant's prior felony conviction for voluntary manslaughter was clearly admissible since the state's evidence proving the appellant's prior conviction contained references not only to voluntary manslaughter, as alleged in the indictment, but also to charges of murder and aggravated assault. 16-11-131(b) if the felon carries a firearm. 197, 626 S.E.2d 169 (2006). WebThe range of punishment in the county jail is ten dayssix months. Ingram v. State, 240 Ga. App. Johnson v. State, 279 Ga. App. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. 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. 734, 783 S.E.2d 133 (2016). Tanksley v. State, 281 Ga. App. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. (a) As used in this Code section, the term: (1) "Felony" means any offense denied, 193 Ga. App. Ziegler v. State, 270 Ga. App. 5. No error found in court's charging the language of O.C.G.A. Mar. - 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 11 - OFFENSES AGAINST PUBLIC ORDER AND SAFETY, ARTICLE 4 - DANGEROUS INSTRUMENTALITIES AND PRACTICES, PART 3 - CARRYING AND POSSESSION OF FIREARMS. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. (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 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 Constructive possession is sufficient to prove a violation. 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,". 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. Convictions of murder, aggravated assault, and possession of a firearm by a convicted felon were supported by sufficient evidence showing that while the victim was in the process of buying drugs from a third party, the defendant approached the driver's side of the victim's car, demanded the victim's money, and shot the victim several times, killing the victim and injuring a passenger in the car; the seller of the drugs testified that the seller had observed the defendant carrying a gun, and both the codefendant and another witness identified the defendant as the shooter. Alvin v. State, 287 Ga. App. Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 7, 806 S.E.2d 302 (2017). 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). Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. 735, 691 S.E.2d 626 (2010). 523(a)(2), 44 A.L.R. 657, 350 S.E.2d 302 (1986). Varner v. State, 306 Ga. 726, 832 S.E.2d 792 (2019). Coates v. State, 304 Ga. 329, 818 S.E.2d 622 (2018). Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Drummer v. State, 264 Ga. App. In Texas, it is illegal for any person convicted of a felony to possess a gun or ammunition. 388, 691 S.E.2d 283 (2010). 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. Warren v. State, 289 Ga. App. O.C.G.A. - It was proper under O.C.G.A. - 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. - In a recitation of felonies in an indictment for violation of O.C.G.A. O.C.G.A. 365, 427 S.E.2d 792 (1993). Had sufficient notice been given, the full faith and credit clause, U.S. Const. Adkins v. State, 164 Ga. App. 16-11-131; although the defendant claimed that the defendant acted in self-defense, the jury was free to reject the defendant's claim. 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. Hutchison v. State, 218 Ga. App. 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. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. 2d 50 (2007). Rev. Ballard v. State, 268 Ga. App. appx. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. Anyone convicted of violating this law after having been issued a handgun license pursuant to the Oklahoma Self- Defense Act will have his or her license suspended for six months and will be subject to an administrative fine of $50. 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. View Entire Chapter. 24-4-6 (see now O.C.G.A. 323, 504 S.E.2d 19 (1998); Adams v. State, 239 Ga. App. If convicted, they face up to 10 years in federal prison. Quinn v. State, 255 Ga. App. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). WebThe punishment for possession of a firearm by a convicted felon is significant. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. You're all set! denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 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. 2d 532 (2005). 1203(2). Thomas v. State, 305 Ga. App. Warren v. State, 289 Ga. App. This crime is categorized as a third-degree felony. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). Belt v. State, 225 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. WebPossession of Firearm by a Convicted Felon or First Offender Probationer. IV, 1, would not prohibit according defendant's misdemeanor conviction felony status. I, Sec. State v. Santerfeit, 163 Ga. App. denied, 190 Ga. App. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). 115, 717 S.E.2d 698 (2011). Admission of a certified copy of defendant's five-year sentence for a prior conviction of armed robbery showing both that defendant had pled guilty to armed robbery and that defendant had been represented by counsel satisfied the requirement of O.C.G.A. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. .030 Defacing a firearm. - For annual survey of criminal law, see 56 Mercer L. Rev. - It could not be presumed that defendant, as owner and head of a household, owned or possessed the firearms found therein during a search for drugs, where there was no other evidence to show that defendant owned or possessed the firearms; the evidence was not sufficient to support defendant's conviction of possession of a firearm by a convicted felon. Sufficiency of prior conviction to support prosecution under 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 983. - Because defendant was found guilty of malice murder, defendant was properly convicted also of a possession count, it being unrelated to malice murder. - O.C.G.A. 3, 635 S.E.2d 270 (2006). 374, 626 S.E.2d 579 (2006). Haggins v. State, 277 Ga. App. 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. Conducting a trial on a possession of a firearm charge prior to the sentencing phase and before the same jury that imposed a death sentence on a defendant did not unnecessarily prejudice the jury by impermissibly placing the defendant's character in issue in the sentencing phase since the state could have introduced evidence of the defendant's prior convictions during the sentencing phase. 80-122. Porter v. State, 275 Ga. App. - Trial court erred in failing to merge, for purposes of sentencing, the defendant's convictions for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon with use of a firearm by a convicted felon during the commission of another felony, because the same act was used to establish each of the offenses and each crime did not require proof of a fact not required by the other. - 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Wyche v. State, 291 Ga. App. - 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.

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