Section 46.04 of the Texas Penal Code specifically states that a person who has been 16-11-131, and possession of a firearm during the commission of a felony murder in violation of O.C.G.A. If you are convicted, you will face up to 10 years in In the defendant's murder trial, trial counsel was not ineffective for failing to specially demur to the counts in the defendant's indictment charging possession of a firearm by a convicted felon and felony murder predicated on that crime because neither count specified the felony of which the defendant was previously convicted; although it was required that the state prove a felony, it was not required that the felony be listed in the indictment. The maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine. 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. 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. 5, 670 S.E.2d 824 (2008). R. Civ. Chapter 790. 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. Finley v. State, 286 Ga. 47, 685 S.E.2d 258 (2009). - 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. 16-11-131(c). White v. State, 312 Ga. App. I, Sec. 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. - 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. Can Convicted Felons Have Guns in Texas? A Guide to Firearms Laws 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. 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. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Felony convictions include: any person who is on felony first McKee v. State, 280 Ga. 755, 632 S.E.2d 636 (2006). State v. Mills, 268 Ga. 873, 495 S.E.2d 1 (1998). WebThe range of punishment in the county jail is ten dayssix months. 174, 764 S.E.2d 187 (2014); Patterson v. State, 347 Ga. App. After verdicts were entered on the other counts charged against the defendant, evidence submitted by the state consisting of a certified copy of the defendant's prior conviction showing the defendant's probationary status as a first time offender for felony theft by taking at the time of the crimes was sufficient to support a conviction under O.C.G.A. 2016 Statute. No error found in court's charging the language of O.C.G.A. 16, 673 S.E.2d 537 (2009), cert. 735, 691 S.E.2d 626 (2010). - O.C.G.A. in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. denied, 506 U.S. 839, 113 S. Ct. 118, 121 L. Ed. 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. 18 U.S. Code 3665 - Firearms possessed by convicted - 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. Georgia Permitless Carry Frequently Asked Questions What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. The range of fine is $50$500. 16-11-131 or in refusing to charge sudden emergency, specific intent, or O.C.G.A. 10, 424 S.E.2d 310 (1992). 16-11-126(b), and possession of a firearm by a convicted felon, O.C.G.A. Convicted Felon Sentenced for Possession of Firearms and Unlawfully Possessing a Firearm in Texas - rhjrlaw.com 640, 448 S.E.2d 745 (1994). denied, 186 Ga. App. Can an ex felon own a gun legally? - SMB Criminal Defense Trial Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon under O.C.G.A. The applicable date is the date of the offense of possession, not the date of the previous felony conviction. For annual survey on criminal law, see 70 Mercer L. Rev. I, Para. - 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. - See Wofford v. State, 262 Ga. App. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Warren v. State, 289 Ga. App. 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. 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. - 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. denied, 193 Ga. App. 61 (2017). Cited in Robinson v. State, 159 Ga. App. Att'y Gen. No. Daughtry v. State, 180 Ga. App. Joiner v. State, 163 Ga. App. 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. 17-10-7(a). Up to fifteen (15) years of probation. (a) As used in this Code section, the term: (1) Felony means 616, 386 S.E.2d 39, cert. 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. WebPossession of a Firearm During the Commission of a Crime is a very serious felony in Georgia. Smith v. State, 180 Ga. App. WebAs convicted felons, Frazier and Stalsby are prohibited by federal law from owning or possessing firearms or ammunition. 3d Art. A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or Starling v. State, 285 Ga. App. 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. Possession of Firearm by a Convicted Felon or First 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. 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 cannot also be used to punish a defendant as a repeat offender under O.C.G.A. 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. 309, 827 S.E.2d 733 (2019); Caldwell v. State, 355 Ga. App. Rev. Extradition Treaties Between United States of America and United Kingdom of Great Britain and Northern Ireland - United States and United Kingdom Cases, 45 A.L.R. Removal of Trustee in Bankruptcy Under 11 U.S.C.A. Green v. State, 302 Ga. App. Smith v. State, 192 Ga. App. 16-11-131(b). Alvin v. State, 287 Ga. App. 42-8-62 at the time the defendant allegedly violated O.C.G.A. - Unauthorized possession of weapon by person confined in penal institution, 42-5-63. 1976, Art. Biggers v. State, 162 Ga. App. Brooks v. State 16-8-41(a) and possession of a firearm by a convicted felon under O.C.G.A. 711, 350 S.E.2d 53 (1986). Walker v. State, 281 Ga. 157, 635 S.E.2d 740 (2006), cert. Bivins 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). 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. 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. 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. 313, 744 S.E.2d 833 (2013). Broner v. State, 284 Ga. 402, 667 S.E.2d 613 (2008). 6. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Att'y Gen. No. 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. Includes enactments through the 2022 Special Session. 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. 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. Johnson v. State, 282 Ga. 235, 647 S.E.2d 48 (2007). Davis v. State, 280 Ga. 442, 629 S.E.2d 238 (2006). O.C.G.A. 16-11-131. 16-11-126(c), which concerns carrying a concealed weapon. 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 O.C.G.A. Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). 16-11-131(c) mandating the granting of a pardon. You can explore additional available newsletters here. 148, 742 S.E.2d 767 (2013); Banks v. State, 329 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. You're all set! 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 - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). 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. WEAPONS AND FIREARMS. The arrest was made without a warrant or probable cause. 493, 349 S.E.2d 490 (1986); Booker v. State, 257 Ga. 37, 354 S.E.2d 425 (1987); Jackson v. State, 186 Ga. App. 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). Poole v. State, 291 Ga. 848, 734 S.E.2d 1 (2012). Georgia Code 16-11-131. Const., amend. Glass v. State, 181 Ga. App. Rev. S10P1859, 2011 Ga. LEXIS 267 (Ga. 2011). If convicted, they face up to 10 years in federal prison. 657, 350 S.E.2d 302 (1986). 448, 352 S.E.2d 642 (1987). Suluki v. State, 302 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. Parramore v. State, 277 Ga. App. Disclaimer: These codes may not be the most recent version. McKie v. State, 345 Ga. App. 3d Art. 94, 576 S.E.2d 71 (2003). - Georgia Supreme Court held that the phrase any firearm, as used in O.C.G.A. 16-11-129(b)(3). The KRS database was last updated on 03/02/2023. - Testimony by a ballistics expert proving the operability of the firearm is not required for conviction under O.C.G.A. 481, 657 S.E.2d 533 (2008), cert. 331, 631 S.E.2d 388 (2006). .010 Definitions for chapter. 16-11-129(b)(3). Possession Possession of Web- Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the Georgia Code 16-11-131. Possession of firearms by I, Sec. 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. Construction with O.C.G.A. Johnson v. State, 203 Ga. App. Harris v. State, 283 Ga. App. Coursey v. State, 196 Ga. App. WebThe punishment for possession of a firearm by a convicted felon is significant. 84, 812 S.E.2d 353 (2018), aff'd, 306 Ga. 111, 829 S.E.2d 376 (2019). - 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. 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. 16-5-1, two counts of aggravated assault in violation of O.C.G.A. 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. 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. Porter v. State, 275 Ga. App. 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. Constructive possession is sufficient to prove a violation. Web16-11-131. 153 (2004). 1986 Op. Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). 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. Proscription of 18 U.S.C.A. 2d 532 (2005). McTaggart v. State, 285 Ga. App. 3d Art. There are nearly 22 million guns owned in the Lone Georgia may have more current or accurate information. art. 565, 677 S.E.2d 752 (2009). Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 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. - Jury was authorized to find that the disassembled rifle was a firearm within the statutory definition. 16-11-106(b)(1), carrying a concealed weapon, O.C.G.A. denied, 192 Ga. App. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). 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. 6. Criminal Jury Instructions Chapter 10 153, 630 S.E.2d 661 (2006). 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. Convicted Felon Indicted For Possession Of A Firearm And 608, 845 S.E.2d 345 (2020); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020). 88; Gray v. State, 254 Ga. App. 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.". Fed. - 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. Davis v. State, 287 Ga. App. 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. denied, No. 16-11-131 is not an ex post facto law. Adkins v. State, 164 Ga. App. 734, 783 S.E.2d 133 (2016). Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. Jones v. State, 282 Ga. 306, 647 S.E.2d 576 (2007). Fed. S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). 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. 127, 386 S.E.2d 868 (1989), cert. - 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. 230, 648 S.E.2d 738 (2007). 16-3-21(a) and 16-11-138. XIV and U.S. 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. Brantley v. State, 272 Ga. 892, 536 S.E.2d 509 (2000). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. 16-11-131, and introduction of evidence of previous conviction during trial of issue of guilt was not error. Because a defendant was a convicted felon in possession of a firearm, a felony under O.C.G.A. 783, 653 S.E.2d 107 (2007). - With regard to a defendant's convictions on two counts of armed robbery, possession of a firearm during the commission of a crime, failure to obey a traffic control device, fleeing and attempting to elude a police officer, reckless driving, failure to stop at the scene of an accident, and possession of a firearm by a convicted felon, the trial court properly denied the defendant's motion for a new trial and sufficient evidence existed to support the defendant's convictions as the trial court did not err in admitting into evidence certain bullets found in the defendant's possession at the time of the defendant's arrest based on the state allegedly not providing a proper chain of custody; the bullets, unlike fungible articles, were distinct and recognizable physical objects that were identifiable by observation, eliminating the necessity of a chain-of-custody showing. Balloon Payments in Chapter 13 Bankruptcy Proceedings, 44 A.L.R. 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. Lawson v. State, 280 Ga. 881, 635 S.E.2d 134 (2006). Peppers v. State, 315 Ga. App. 61, 635 S.E.2d 353 (2006). - 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. 0:57. - 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. 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). Prather v. State, 247 Ga. 789, 279 S.E.2d 697 (1981); Favors v. State, 182 Ga. App. 474, 646 S.E.2d 695 (2007). 2d 213 (1984). 813, 485 S.E.2d 39 (1997). 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). 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 Simpson v. State, 213 Ga. App. 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. Campbell v. State, 279 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. - 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.