374, 641 S.E.2d 619 (2007). 29, 2017)(Unpublished). 55, 601 S.E.2d 434 (2004). 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. The range of fine is $50$500. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Head v. State, 170 Ga. App. 76, 635 S.E.2d 380 (2006). this Section, Chapter 11 - Offenses Against Public Order and Safety, Article 4 - Dangerous Instrumentalities and Practices, Part 3 - Carrying and Possession of Firearms. 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. Hicks v. State, 287 Ga. App. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. For annual survey on criminal law, see 69 Mercer L. Rev. 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. Evidence that the defendant, who threatened to kill the victim in the past, took the victim to a retention pond, shot the victim, wrapped the body with a large boulder, placed the victim in a retention pond, and, for days, misled the victim's mother and authorities about the victim's whereabouts was sufficient to support convictions for malice murder, felony murder, feticide, aggravated assault, and possession of a firearm. 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). You can explore additional available newsletters here. Starling v. State, 285 Ga. App. 899, 379 S.E.2d 199 (1989); Clark v. State, 206 Ga. App. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. Jury was authorized to find the defendant guilty of voluntary manslaughter, O.C.G.A. Charles Randy Payton Lewis, 29, was arrested in September 2022 and 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. 1980 Op. - 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. 16-11-131, the trial court properly dismissed the charge. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. Wyche v. State, 291 Ga. App. - 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. It follows that the unlawful possession of a firearm by a convicted felon or felony first-offender probationer will preclude the felon or 813, 485 S.E.2d 39 (1997). 16-11-131(b), because during an argument with the victims, the defendant shot the victims and threatened to kill the victims. 5. O.C.G.A. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. I, Sec. 10.16 Using a Firearm While under the Influence 790.151, Fla. Stat. - 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. Hutchison v. State, 218 Ga. App. Landers v. State, 250 Ga. 501, 299 S.E.2d 707 (1983). 16-11-131. - 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. State Journal-Register. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 896, 418 S.E.2d 155 (1992). Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. (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. 481, 657 S.E.2d 533 (2008), cert. - Victim's testimony at trial sufficiently identified the defendant as the assailant who fired shots at the victim and the evidence was sufficient to support convictions for aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon since the victim knew the defendant from a previous encounter and although it was dark, the victim was able to see the defendant's face during the incident because the area was illuminated by a streetlight. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. 16-11-131(b). State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). 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. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). You already receive all suggested Justia Opinion Summary Newsletters. 2d 344 (2008), overruled on other grounds, No. 608, 722 S.E.2d 351 (2012). 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). 61, 635 S.E.2d 353 (2006). 347. Rev. 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. 1976, Art. 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. 16-11-131(b) was found ambiguous and permitted only one prosecution and conviction for the simultaneous possession of multiple firearms. 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. However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. 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. State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). 153, 630 S.E.2d 661 (2006). 3, 635 S.E.2d 270 (2006). 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. 16-8-41, aggravated assault under O.C.G.A. 296, 283 S.E.2d 356 (1981); Rothfuss v. State, 160 Ga. App. 16-11-129(b)(3). Tiller v. State, 286 Ga. App. Green v. State, 287 Ga. App. 16-11-106(b)(1), carrying a concealed weapon, O.C.G.A. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). 16-11-131) was only an additional qualification to requirements presently provided in former Code 1933, 26-2904 (see now O.C.G.A. Nonforcible felon who has been free of restraint or supervision for five years is not eligible to apply for a license to carry firearms unless the felon obtains a pardon within the meaning of O.C.G.A. WebThe punishment for possession of a firearm by a convicted felon is significant. denied, No. You're all set! 324(a), 44 A.L.R. Butler v. State, 272 Ga. App. 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. Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. 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. 601, 462 S.E.2d 648 (1995). Proscription of 18 U.S.C.A. Validity of state gun control legislation under state constitutional provisions securing right to bear arms - convicted felons, 85 A.L.R.6th 641. Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. 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. The offenses charged were separate and distinct and there was no merger; evidence used to establish the burglary was not again used to establish the later crime of possession of a weapon by a convicted felon. 711, 350 S.E.2d 53 (1986). - 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. Hall v. State, 322 Ga. App. I, Sec. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. The KRS database was last updated on 03/02/2023. 852, 350 S.E.2d 835 (1986); Marshall v. State, 193 Ga. App. What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. Had sufficient notice been given, the full faith and credit clause, U.S. Const. - 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. If you are found in possession of a firearm with the intent to use it unlawfully, Warren v. State, 289 Ga. App. .030 Defacing a firearm. Jury was authorized to find that guns found in defendant's automobile were actual working firearms since there was no evidence introduced to refute a police officer's testimony that the guns were pistols. denied, No. Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). - 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. Johnson v. State, 203 Ga. App. Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. 16-11-131(a)(2). State v. Santerfeit, 163 Ga. App. 627, 636 S.E.2d 779 (2006). 388, 691 S.E.2d 283 (2010). - It was proper under O.C.G.A. Smith v. State, 192 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. - Trial counsel was ineffective in failing to seek to redact the portion of a defendant's first offender plea that related to carrying a concealed weapon. 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. 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. 734, 310 S.E.2d 725 (1983). Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. 16-11-131; because the possession count was a predicate offense for the felony murder count, the prior conviction that was admitted into evidence was relevant to the felony murder count, and it was not necessary to sever the possession count. If you are convicted, you will face up to 10 years in 143, 444 S.E.2d 115 (1994). denied, 186 Ga. App. - Since the state offered as proof of defendant's previous felony conviction a certified copy of the 1974 burglary conviction of one Henry Levi Glass and defendant presented no evidence contradicting that defendant was the person named in the 1974 documents, it was held that concordance of name alone is some evidence of identity and that in the absence of any denial by defendant and no proof to the contrary, this concordance of name was sufficient to show that defendant and the individual previously convicted were the same person. CRIMES. 16-11-131, criminalizing a felon's firearm possession, gave insufficient notice to defendant that the Pennsylvania misdemeanor could be a predicate felony for a charge under the statute. 314, 387 S.E.2d 602 (1989); 123 A.L.R. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act.". O.C.G.A. Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. Warren v. State, 289 Ga. App. - 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. 604, 327 S.E.2d 566 (1985). 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. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. Platt v. State, 291 Ga. 631, 732 S.E.2d 75 (2012). 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. Fed. Web(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the persons release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or Strawder v. State, 207 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. Daughtry v. State, 180 Ga. App. - 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. 61, 635 S.E.2d 353 (2006). 42, 520 S.E.2d 746 (1999); Evans v. State, 240 Ga. App. denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. - Ga. L. 2012, p. 899, 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. 16-5-21, possession of a firearm by a convicted felon in violation of O.C.G.A. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). Constructive possession is sufficient to prove a violation. 918, 368 S.E.2d 771 (1988); Spivey v. State, 193 Ga. App. 611 et seq. 313, 744 S.E.2d 833 (2013). 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. Peppers v. State, 315 Ga. App. 1. - 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. The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. "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. 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. Smallwood v. State, 296 Ga. App. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Harvey v. State, 344 Ga. App. 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. Midura v. State, 183 Ga. App. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). 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. 3d Art. 105, 733 S.E.2d 407 (2012). - Proof of previous felony conviction is necessary element of state's proof under O.C.G.A. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. 847, 368 S.E.2d 771, cert. Absent a pardon, such an applicant commits a felony under O.C.G.A. 770, 728 S.E.2d 286 (2012). 127, 386 S.E.2d 868 (1989), cert. Rev. 2. One crime is not "included" in the other and they do not merge. 60, 653 S.E.2d 361 (2007); Hyman v. State, 320 Ga. App. 479, 448 S.E.2d 223 (1994); Boone v. State, 229 Ga. App. O.C.G.A. 16-11-131 cannot also be used to punish a defendant as a repeat offender 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. Att'y Gen. No. Jones v. State, 350 Ga. App. Rev. Little v. State, 195 Ga. App. Suluki v. State, 302 Ga. App. 588, 600 S.E.2d 675 (2004). - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). - When officers went to a defendant's residence to conduct a probation search based on a tip that the defendant was involved with drugs, as the defendant willingly led the officers to a concealed gun, and voluntarily furnished a urine sample that tested positive for methamphetamine, the defendant gave valid consent to the search, which eliminated the need for either probable cause or a search warrant under U.S. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. 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. Chavez v. State, 307 Ga. 804, 837 S.E.2d 766 (2020). S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Construction with O.C.G.A. Tanner v. State, 259 Ga. App. Malone v. State, 337 Ga. App. A federal jury found a Springfield man guilty last week for knowingly possessing a firearm as a convicted felon after a two-day trial at Glass v. State, 181 Ga. App. Walker v. State, 282 Ga. 774, 653 S.E.2d 439 (2007), cert. Possession of 513, 621 S.E.2d 523 (2005). This site is protected by reCAPTCHA and the Google, There is a newer version Smallwood v. State, 166 Ga. App. 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). - Trial court erred in admitting into evidence over objection a fingerprint card taken following a felony arrest of defendant for violation of, inter alia, O.C.G.A. 178, 786 S.E.2d 558 (2016). - 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. 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. 290 (2012). - 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. 372, 626 S.E.2d 567 (2006). ROCHESTER, Minn. A Rochester man is set to stand trial for illegal gun possession.