- Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. Rochester felon to stand trial for gun possession | News | kimt.com Fed. 61, 635 S.E.2d 353 (2006). Ziegler v. State, 270 Ga. App. 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. A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 10, 424 S.E.2d 310 (1992). 640, 448 S.E.2d 745 (1994). For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). 801, 701 S.E.2d 202 (2010). 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. Chapter 790. 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. Rev. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. 6 for failure to request a bifurcated trial on felony murder under O.C.G.A. Wyche v. State, 291 Ga. App. 5, 670 S.E.2d 824 (2008). 922(g)(1), the plaintiff lacked standing because even if 922(g)(1) was declared unconstitutional as applied to the plaintiff, Georgia law independently barred the plaintiff from possessing a firearm because of the plaintiff's Michigan convictions. .050 Possession of 618, 829 S.E.2d 820 (2019). Jones v. State, 350 Ga. App. Georgia Criminal Law Possession of Firearm by 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. - Conviction was reversed in part because while the defendant knew the location of the shotgun, there was no evidence presented that the defendant had actual possession of the shotgun outside of possibly handing the shotgun to officers at the officers' request, nor was there evidence that the defendant was in constructive possession of the shotgun in violation of O.C.G.A. 16-11-131. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. 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. Bogan v. State, 177 Ga. App. 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. The law says guns are forbidden for those convicted of crimes that attract prison terms exceeding a year. Thomas v. State, 305 Ga. App. 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 this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 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). 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. You can explore additional available newsletters here. 786, 653 S.E.2d 104 (2007). Sufficient evidence supported convictions of felony murder, armed robbery, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony where, upon pulling into an apartment complex to turn around and ask for directions, the victims were approached by defendant and another man, defendant pulled out a gun and told the victims to "give it up," when one of the victims hesitated, defendant shot the victim, defendant then stole that victim's money and jewelry, and later, the gunshot victim died; the second victim described defendant, who was wearing a specific jersey at the time of the crimes, and two witnesses who knew defendant testified that defendant robbed and shot the victim while wearing that jersey. Rev. 178, 645 S.E.2d 658 (2007). denied, No. Att'y Gen. No. Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. 734, 783 S.E.2d 133 (2016). Sign up for our free summaries and get the latest delivered directly to you. 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. Texas 588, 600 S.E.2d 675 (2004). 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Daughtry v. State, 180 Ga. App. (a) As used in this Code section, the term: (1) Felony means 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. Defendant waived defendant's objection to the trial court's consideration of a particular conviction in aggravation of sentencing under the recidivist statute, O.C.G.A. Baker v. State, 214 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. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. 365, 427 S.E.2d 792 (1993). Mantooth v. State, 335 Ga. App. Charles Randy Payton Lewis, 29, was arrested in September 2022 and Clark v. State, 194 Ga. App. 16-5-2(a), aggravated assault, O.C.G.A. Cited in Robinson v. State, 159 Ga. App. However, the trial court needed to consider whether possession of the firearm before or after the shooting could be prosecuted. Convicted Felon Charged Senior v. State, 277 Ga. App. See OCGA 16-11-131 (b). - 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. If you are found in possession of a firearm with the intent to use it unlawfully, Robinson v. State, 281 Ga. App. Martin v. State, 281 Ga. 778, 642 S.E.2d 837 (2007). Culpepper v. State, 312 Ga. App. - Because the only evidence before the jury regarding the defendant's status as a convicted felon was the entry of a guilty plea to a crime that could have been either a felony or a misdemeanor, the evidence failed to provide the jury with a sufficient basis for finding that element beyond a reasonable doubt; consequently, the defendant's conviction for possession of a firearm by a convicted felon had to be reversed. - 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. 16-11-131 provides sufficient notice to a person of ordinary intelligence that a conviction by an out-of-state court of a crime, which authorized punishment of up to three years in prison, is a felony conviction for purposes of the statute. 55, 601 S.E.2d 434 (2004). Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. denied, No. WebAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a Fed. 481, 657 S.E.2d 533 (2008), cert. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. - Unit of prosecution under 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. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. 1986 Op. 16-11-131. Kentucky S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). - 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. 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. Mantooth v. State, 335 Ga. App. 16-11-126(c), which concerns carrying a concealed weapon. S08C1413, 2008 Ga. LEXIS 914 (Ga. 2008). I, Sec. 4. 474, 646 S.E.2d 695 (2007). 2d 532 (2005). - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. The good news is that you have options. - Firearms found in the defendant's girlfriend's room, occupied by the defendant and defendant's girlfriend at the time of arrest, were properly admitted as being relevant to prove the necessary elements of O.C.G.A. 248, 651 S.E.2d 174 (2007). 374, 626 S.E.2d 579 (2006). 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. 2016 Statute. Arrested for Possession of a Firearm in Texas? Heres What to Do One crime is not "included" in the other and they do not merge. 813, 485 S.E.2d 39 (1997). Smith v. State, 180 Ga. App. 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. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. - Evidence that the defendant was found in possession of two black powder guns was sufficient to support the convictions for possession of a firearm during the commission of a crime and by a convicted felon. 94, 576 S.E.2d 71 (2003). There are nearly 22 million guns owned in the Lone Fed. 324(a), 44 A.L.R. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 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. Belt v. State, 225 Ga. App. 24-1.1. Haggins v. State, 277 Ga. App. Jones v. State, 318 Ga. App. 481, 657 S.E.2d 533 (2008), cert. Daogaru v. Brandon, F.3d (11th Cir. State Journal-Register. Georgia Code 16-11-131. 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. Starling v. State, 285 Ga. App. 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. The plea to carrying a concealed weapon, a misdemeanor, was not an element of the current charge of the possession of a firearm by a first offender probationer under O.C.G.A. (a) As used in this Code section, the term: (1) "Felony" means any offense 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. 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. 24-14-6), to exclude every other reasonable hypothesis except that of the defendant's guilt; the defendant made several admissions to officers that constituted direct evidence including that the defendant had a gun in the defendant's bedroom and that the defendant used the gun to hunt. O.C.G.A. No error found in court's charging the language of O.C.G.A. Quinn v. State, 255 Ga. App. 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. Fed. - 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. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. 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. 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. 513, 621 S.E.2d 523 (2005). Southern District of Georgia | Drug trafficking indictments bring 45 (2018). - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. Convicted Felon Charged With Possession of a Firearm 148, 742 S.E.2d 767 (2013); Banks v. State, 329 Ga. App. Web16-11-131. 88; Gray v. State, 254 Ga. App. Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). 139 (2016). 2d 344 (2008), overruled on other grounds, No. - 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. Defendant's conviction for malice murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon was supported by the evidence as: (1) the defendant told the defendant's girlfriend that the defendant knew who had taken the defendant's drugs from a motel room and that the defendant was going to get them; (2) the defendant and an accomplice forced a woman with something "glossy" on the woman's forehead; (3) the defendant told the driver to stop at a secluded area so that the defendant could put the woman "somewhere safe"; (4) the defendant threw a gun from a bridge on the return; (5) the defendant instructed the driver to clean blood from the car's backseat; and (6) the defendant told the defendant's girlfriend that the defendant had killed the person who had the defendant's drugs and told a cell mate that the defendant had shot a person. Herndon v. State, 277 Ga. App. 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. - O.C.G.A. (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 - CRIMES AGAINST THE PUBLIC SAFETY. 3d Art. - Prior felony conviction under O.C.G.A. - 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. 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. - Conviction for possession of a firearm by a convicted felon could not stand because the same prior conviction could not support both recidivist sentencing and a conviction of possession of a firearm by a convicted felon, and also a nolo contendere plea could not serve as proof of a prior conviction for a charge of possession of a firearm by a convicted felon; the prior conviction remained available to support enhanced sentencing as a recidivist, however. Bivins v. State, 166 Ga. App. You already receive all suggested Justia Opinion Summary Newsletters. Get free summaries of new opinions delivered to your inbox! Ballard v. State, 268 Ga. App. 16-11-129(b)(3). Since defendant possessed the firearm in violation of O.C.G.A. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. 1. When the defendant shot a victim in the head after an argument and also shot at another victim but failed to hit the second victim, a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. 16-11-131 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. Suluki v. State, 302 Ga. App. Fed. Springfield, Illinois, Man Convicted of Possession of Firearm by a Charles Lewis. Head v. State, 170 Ga. App. 711, 350 S.E.2d 53 (1986). 2d 122 (2008). P. 26(b)(3), 44 A.L.R. 580, 305 S.E.2d 29 (1983); Brown v. State, 168 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). 481, 657 S.E.2d 533 (2008), cert. Possession of Firearm During Commission of or Attempt to Commit Certain Crimes. Fed. Murray v. State, 309 Ga. App. Smallwood v. State, 166 Ga. App. Head v. State, 170 Ga. App. Convicted Felon Indicted For Possession Of A Firearm And Possession of a Firearm by Convicted Felon | Burns Smith 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. 153, 630 S.E.2d 661 (2006). 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. Brooks v. State, 285 Ga. 424, 677 S.E.2d 68 (2009). 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 1. Possession of a Firearm during the Commission of 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. 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. WebThe punishment for possession of a firearm by a convicted felon is significant. WEAPONS AND FIREARMS. Brown v. State, 268 Ga. App. Fed. 80-122. 84, 812 S.E.2d 353 (2018), aff'd, 306 Ga. 111, 829 S.E.2d 376 (2019). 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. VIII). 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. Possession 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). 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. 1976, Art. - 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(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. 246, 384 S.E.2d 451 (1989). 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. 16-11-131 is not an ex post facto law. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. 210, 348 S.E.2d 736 (1986); Dickerson v. State, 180 Ga. App. 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. Statute | Kansas State Legislature 896, 418 S.E.2d 155 (1992). 618, 829 S.E.2d 820 (2019). 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. FBI East Texas Convicted Felons Appear in Federal Court on 3d Art. 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). 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 This crime is categorized as a third-degree felony. Head v. State, 170 Ga. App. 3d Art. - 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. Warren v. State, 289 Ga. App. 3d Art. - O.C.G.A. Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. 925" in the first sentence of subsection (d). Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). "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.

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