Coates v. State, 818 S.E.2d 622 (Ga. 2018). · Go Syfert
Coates v. State, 818 S.E.2d 622 (Ga. 2018). Cases Citing This Book View Copy Cite
“whether a single course of conduct can result in multiple convictions and sentences under the same statute" implicates the doctrine of substantive double jeopardy, "and the 'unit of prosecution,' or the precise act criminalized by the statute, must be identified”
113 citation events (113 in the last 25 years) across 3 distinct courts.
Strongest positive: Ricky J. Johnson v. State (gactapp, 2022-06-15)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ricky J. Johnson v. State (5×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2022 · quote attribution · 2 verbatim quotes · confidence high
whether a single course of conduct can result in multiple convictions and sentences under the same statute" implicates the doctrine of substantive double jeopardy, "and the 'unit of prosecution,' or the precise act criminalized by the statute, must be identified
examined Cited as authority (verbatim quote) Stanley McGlasten a/k/a Stanley McGlaston a/k/a Catman v. State of Mississippi (2×) also: Cited as authority (rule)
Miss. · 2021 · quote attribution · 1 verbatim quote · confidence high
vacat coates' convictions and sentences for the four counts of possession of a firearm by a convicted felon, and remand this case for the trial court to convict and resentence coates on only one of those counts
discussed Cited as authority (rule) Tony Shropshire v. State
Ga. Ct. App. · 2024 · confidence medium
The version of OCGA § 16-6-4 (a) in effect in 2001 tracks the language of the statute in effect at the time Carr and Scott II were decided: “A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.” 9 [the defendant’s] body during a single uninterrupted course of conduct.” Scott II, 356 Ga. App. at 160.4 Our Supreme Court has instructed “that if reasonable minds disagreed as to whether…
cited Cited as authority (rule) Mark Anthony Lester v. State
Ga. Ct. App. · 2023 · confidence medium
(Citation omitted.) Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) Ishmael A. Salaam v. State
Ga. Ct. App. · 2023 · confidence medium
“Where, as here, we are presented with the question of whether a single course of conduct can result in multiple convictions and sentences under the same statute, the doctrine of substantive double jeopardy is implicated, and the ‘unit of prosecution,’ or the precise act criminalized by the statute, must be identified.” 10 (Citation omitted; emphasis supplied.) Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) SHARON J. LAW v. SE PROPERTY HOLDINGS, LLC
Ga. Ct. App. · 2022 · confidence medium
And in determining a statute’s meaning, “we apply the fundamental rules of statutory construction that require us to 12 construe the statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage.” (Citation and punctuation omitted.) Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) McIver v. State (2×)
Ga. · 2022 · confidence medium
(Citations and punctuation omitted.) Coates v. State, 304 Ga. 329, 330-331 ( 818 SE2d 622 ) (2018).
examined Cited as authority (rule) David Anthony Carr v. State (4×) also: Cited "see"
Ga. Ct. App. · 2022 · confidence medium
C. did not testify regarding the length of time that elapsed between Carr touching her breasts and him touching her vagina, and it is unclear whether those criminal acts occurred during a single interaction.55 Thus, we must also remand this case for the trial court to vacate one of these convictions and merge them for sentencing purposes.56 54 See Coates, 304 Ga. at 332 (vacating the defendant’s four convictions for being a felon in possession of a firearm when the trial court erred in failing to merge them for sentencing purposes and remanding the case for the trial court to convict and res…
examined Cited as authority (rule) Johnson v. State (4×)
Ga. · 2022 · confidence medium
Edvalson v. State, 310 Ga. 7, 8 ( 849 SE2d 204 ) (2020) (punctuation omitted) (quoting Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018)). “‘Whether offenses merge is a legal question, which [an appellate court] review[s] de novo.’” Womac v. State, 302 Ga. 681, 684 ( 808 SE2d 709 ) (2017) (citation omitted).
examined Cited as authority (rule) Miller v. State (4×) also: Cited "see, e.g."
Ga. · 2021 · confidence medium
Similarly, one of the convictions for possession of a firearm by a convicted felon (Counts 8 and 9) should have merged because “OCGA § 16-11-131 (b) is unambiguous and permits only one prosecution and conviction for the simultaneous possession of multiple firearms.” Coates v. State, 304 Ga. 329, 331-32 (818 SE2d 622) (2018).
discussed Cited as authority (rule) Gilbert Alexander Hill v. State
Ga. Ct. App. · 2021 · confidence medium
SE2d 348) (2011); Davenport v. State, 308 Ga. App. 140, 145 (1) (b) ( 706 SE2d 757 ) (2011); Wheeler v. State, 307 Ga. App. 585, 586 (1) ( 705 SE2d 686 ) (2011), overruled on other grounds, Maddox, 322 Ga. App. at 815 (2); Lott v. State, 303 Ga. App. 775, 779 (1) ( 694 SE2d 698 ) (2010); Hunt v. State, 303 Ga. App. 855, 858 (2) ( 695 SE2d 53 ) (2010); Feliciano v. State, 302 Ga. App. 328, 330-331 ( 690 SE2d 680 ) (2010); Marshall v. State, 295 Ga. App. 354, 355 ( 671 SE2d 860 ) (2008); Bailey v. State, 294 Ga. App. 437, 440 (1) ( 669 SE2d 453 ) (2008); Prather v. State, 293 Ga. App. 312, 313-3…
discussed Cited as authority (rule) James Lesley MacKy, Jr. v. State
Ga. Ct. App. · 2021 · confidence medium
The State concedes that it is possible that the two types of media (the images that formed the basis of Counts 1-10 and the videos that formed the basis of Counts 11-25) were downloaded simultaneously. 20 See Coates v. State, 304 Ga. 329, 331-332 ( 818 SE2d 622 ) (2018) (construing OCGA § 16-11-131 (b) (2014)). 21 See id. 9 Accordingly, under Edvalson,22 we vacate Macky’s convictions and sentences for the 25 counts under OCGA § 16-12-100 (b) (8), and remand the case for the trial court to merge the convictions into a single conviction consistent with our opinion.
discussed Cited as authority (rule) Joseph Gene Walker v. State
Ga. Ct. App. · 2021 · confidence medium
In construing statutes, we adhere to the fundamental principle “that require[s] us to construe the statute[s] according to [their] terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage.” (Citation omitted.) Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) Kinslow v. State (2×)
Ga. · 2021 · confidence medium
Coates v. State, 304 Ga. 329, 330 (818 SE2d 622) (2018).9 Both before and after the enactment of OCGA § 16-9-93 (b) (2), the definition of “interfere” has been consistent.
discussed Cited as authority (rule) Thomas Edvalson v. State (2×)
Ga. Ct. App. · 2021 · confidence medium
Edvalson, 310 Ga. at 7-11 , citing Coates v. State, 304 Ga. 329, 331-332 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) Edvalson v. State (2×) also: Cited "see"
Ga. · 2020 · confidence medium
In accordance with our reasoning in Coates v. State, 304 Ga. 329, 331 ( 818 SE2d 622 ) (2018), we conclude that the plain language of OCGA § 16-12-100 (b) (5), interpreted in the context of the entire statute, is unambiguous and permits only one prosecution and conviction for a single act of possession of child pornography, regardless of the number of images depicted therein.5 We therefore reverse the judgment of the Court of Appeals and remand the case with direction.
discussed Cited as authority (rule) Akeem Scott v. State (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
When a defendant is charged, as Scott is here, with multiple counts of the same crime originating from a single course of conduct, “the doctrine of substantive double jeopardy is implicated, and the ‘unit of prosecution,’ or the precise act criminalized by the statute, must be identified.” Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
cited Cited as authority (rule) Kenneth Troy Cobb v. State
Ga. Ct. App. · 2020 · confidence medium
We understand that in a criminal statute, the use of the adjective “any” may render the quantity of the noun that follows “inconsequential.” Coates v. State, 304 Ga. 329, 331 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) Williams v. State (2×) also: Cited "see"
Ga. · 2020 · confidence medium
When a court is “presented with the question of whether a single course of conduct can result in multiple convictions and sentences under the same statute, the doctrine of substantive double jeopardy is implicated, and the ‘unit of prosecution,’ or the precise act criminalized by the statute, must be identified.” Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
discussed Cited as authority (rule) Martin v. State (2×)
Ga. · 2019 · confidence medium
OCGA § 16-11-131 (b) provides: “Any person . . . who has been convicted of a felony by a court of this state . . . and who receives, possesses, or transports any firearm commits a felony, and upon conviction thereof, shall be imprisoned for not less than one nor more than five years[.]” As we explained in Coates v. State, 304 Ga. 329, 331 ( 818 SE2d 622 ) (2018), the gravamen of the offense is the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported.
discussed Cited "see" State v. Leandro Palacio-Gregorio (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Coates v. State, 304 Ga. 329 , 15 331 ( 818 SE2d 622 ) (2018); Edvaslson, 320 Ga. at 10-11.
discussed Cited "see" Russell Calvin McCurdy v. State (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See OCGA § 16-12-100 (b) (8).8 Citing Edvalson v. State, 310 Ga. 7 ( 849 SE2d 204 ) (2020), and Coates v. State, 304 Ga. 329 ( 818 SE2d 622 ) (2018), McCurdy argues that the trial court should have merged his convictions into a single count for sentencing.
examined Cited "see" Moon v. State (4×)
Ga. · 2021 · signal: see · confidence high
See Coates v. State, 304 Ga. 329, 331-332 (818 SE2d 622) (2018).
discussed Cited "see" Maria Terrell v. State
Ga. Ct. App. · 2020 · signal: see · confidence high
See Coates v. State, 304 Ga. 329 , 330-332 (818 10 statute as [Terrell] suggests would mean that there was no need to list them separately, and this Court avoids interpreting statutes in a manner that renders any portion of them surplusage or meaningless. . . .
discussed Cited "see" ALLEN v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Coates v. State , 342 Ga. App. 148 , 802 S.E.2d 65 (2017), reversed on other grounds, Coates v. State , 304 Ga. 329 , 818 S.E.2d 622 (2018).
examined Cited "see, e.g." Dukes v. State (4×)
Ga. · 2021 · signal: see also · confidence medium
See also Coates v. State, 304 Ga. 329, 330 (818 SE2d 622) (2018).
discussed Cited "see, e.g." Scott v. State (2×)
Ga. · 2019 · signal: see also · confidence medium
See also Coates v. State, 304 Ga. 329, 330 ( 818 SE2d 622 ) (2018).
Retrieving the full opinion text from the archive…
COATES
v.
The STATE.
S17G1949.
Supreme Court of Georgia.
Aug 27, 2018.
818 S.E.2d 622
Joshua Andrew Larkey, WAYCROSS CIRCUIT PUBLIC DEFENDER'S OFFICE, 208 S. Peterson Ave., Suite 8, Douglas, Georgia 31533, for Appellant., Ian Louis Sansot, A.D.A., George Elemuel Barnhill, District Attorney, WAYCROSS JUDICIAL CIRCUIT DISTRICT ATTORNEY'S OFFICE, 200 W. Ward Street, Douglas, Georgia 31535, for Appellee.
Hunstein.
Cited by 30 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 61%
Citer courts: Court of Appeals of Georgia (1)
Hunstein, Justice.

[*329] Appellant Hubert Coates was convicted of, inter alia, four counts of possession of a firearm by a convicted felon and was sentenced on each count.[1] Coates appealed; the Court of Appeals affirmed his[*330] convictions and sentences, concluding that OCGA § 16-11-131 (b) (2014)[2] permits a defendant to be separately convicted and sentenced for each of the multiple firearms in his possession. See Coates v. State, 342 Ga. App. 148, 802 S.E.2d 65 (2017). We granted certiorari in this case to consider the Court of Appeals' holding, and, for the reasons discussed below, we reverse that judgment, vacate Coates' convictions and sentences, and remand the case with direction.[*624] Where, as here, we are presented with the question of whether a single course of conduct can result in multiple convictions and sentences under the same statute, the doctrine of substantive double jeopardy is implicated, and the "unit of prosecution," or the precise act criminalized by the statute, must be identified. See State v. Marlowe, 277 Ga. 383 (1), 589 S.E.2d 69 (2003). The Double Jeopardy Clause imposes few limits upon the legislature's power to define offenses. "Whether a particular course of conduct involves one or more distinct 'offenses' under the statute depends on this [legislative] choice." Sanabria v. United States, 437 U.S. 54, 70, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) ; see also OCGA § 16-1-4 ("No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state."). As we have said numerous times, the text of the statute itself best reflects that legislative choice.

Our analysis turns on the proper interpretation of OCGA § 16-11-131 (b) (2014) which states, in relevant part, as follows: "Any person ... who has been convicted of a felony by a court of this state ... and who receives, possesses, or transports any firearm commits a felony, and upon conviction thereof, shall be imprisoned for not less than one nor more than five years[.]" Id. When we construe such statutory authority on appeal, our review is de novo. Hankla v. Postell, 293 Ga. 692, 693, 749 S.E.2d 726 (2013). In determining the appropriate unit of prosecution under this statute,

we apply the fundamental rules of statutory construction that require us to construe the statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. We must also seek to effectuate the intent of the Georgia legislature. OCGA § 1-3-1 (a). In this regard, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole.

[*331] (Citation omitted.) In re Estate of Gladstone, 303 Ga. 547, 549, 814 S.E.2d 1 (2018). As a criminal statute, OCGA § 16-11-131 (b) (2014) must be strictly construed against the State. Pope v. State, 301 Ga. 528, 530, 801 S.E.2d 830 (2017). So we turn first to the text itself.

The parties' arguments, as well as the opinion of the Court of Appeals, focus in large part on the phrase "any firearm." While we agree that this term is important, this phrase must be read concomitantly with the remainder of the statute so to avoid rendering any portion of the statute meaningless. Looking at the phrase "any firearm" (for now), "any" can refer to both the quantity and the quality of the noun it precedes. See Webster's New World Dictionary of the American Language (2nd college ed. 1980) (defining "any" as "some, no matter how much or how little, how many , or what kind ") (emphasis supplied). However, subsection (a) of the statute defines "firearm" as "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." (Emphasis supplied.) OCGA § 16-11-131 (a) (2014). As such, "any," as used in subsection (b), does not refer to the kind of firearm. Rather, "any," as used in that subsection, must be understood in the quantitative sense; in this context, the word "does not imply a specific quantity; the quantity is without limit. " Gerald Nelson & Sidney Greenbaum, An Introduction to English Grammar 58 (4th ed. 2016) (emphasis supplied). In short, the phrase "any firearm," as used in the statute under consideration, indicates that the quantity of firearms, whether one or many, is inconsequential.

Transposing, then, our interpretation of the phrase "any firearm" into the statutory language leaves us with a statute that reads, in essence, as follows:

Any person ... who has been convicted of a felony by a court of this state ... and who receives , possesses , or transports [one or more firearms] commits a felony , and upon conviction thereof, shall be imprisoned for not less than one nor more than five years[.]

OCGA § 16-11-131 (b) (2014) (emphasis supplied). Reading the statute in a natural and ordinary way, it is clear that the gravamen of the offense is the general receipt, possession,[*625] or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported. Accordingly, we conclude that OCGA § 16-11-131 (b) is unambiguous and permits only one[*332] prosecution and conviction for the simultaneous possession of multiple firearms.[3]

Bolstering this conclusion is the fact that this Court has previously recognized that "[i]n enacting [ OCGA § 16-11-131 ], the General Assembly sought to keep guns out of the hands of those individuals who by their prior conduct had demonstrated that they may not possess a firearm without being a threat to society." Landers v. State, 250 Ga. 501, 503, 299 S.E.2d 707 (1983). And while "[i]t may make sense to punish a defendant who [possesses] two guns ... more harshly than a defendant who possesses only one gun," Stovall v. State, 287 Ga. 415, 423, 696 S.E.2d 633 (2010) (Nahmias, J., concurring), the General Assembly has not, by clear and unambiguous language, provided that the possession of multiple firearms authorizes multiple prosecutions.[4] See also Acey v. Commonwealth, 29 Va.App. 240, 511 S.E.2d 429, 434 (1999) ("If the possession of a firearm by a felon is, of itself, the dangerous act, the number of weapons with which a felon is armed becomes irrelevant. Whether the felon bears one or one hundred firearms, the felon is 'dangerously armed.' "). In fact, the General Assembly has employed such clear, unambiguous language in numerous other contexts throughout the Georgia Code. See e.g., OCGA § 16-11-106 (e) ("Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense."); OCGA § 12-9-55 (d) ("Each day of continued unlawful registration shall be a separate offense."); OCGA § 34-8-256 (b) ("Each such act [of making a false statement or representation] shall constitute a separate offense."); OCGA § 43-50-45 (c) ("[E]ach act of an unlawful practice shall constitute a distinct and separate offense.").

Based on the foregoing, the Court of Appeals erred. Accordingly, we reverse the Court of Appeals' decision, vacate Coates' convictions and sentences for the four counts of possession of a firearm by a convicted felon, and remand this case for the trial court to convict and resentence Coates on only one of those counts.

[*333] Judgment reversed in part and vacated in part, and case remanded with direction.

Hines, C.J., Melton, P.J., Benham, Nahmias, Blackwell, Boggs, and Peterson, JJ., concur.

1

The facts as recounted by the Court of Appeals are as follows:

[I]n May 2014, the police executed a search warrant on two neighboring addresses in Coffee County. Coates operated a make-shift store selling snack items and beverages at one of the addresses, and he lived at the other address next door with his wife. The police recovered less than an ounce of marijuana during the search inside and outside the make-shift store. They recovered four firearms during the search of Coates' residence.

Coates v. State, 342 Ga. App. 148, 148, 802 S.E.2d 65 (2017).

2

Because Coates' crimes occurred in 2014, the 2014 version of this statute applies, but the pertinent language has not been changed by later amendments.

3

Because this case concerns only the simultaneous possession of multiple firearms, we do not address the statute's applicability in cases involving the possession of multiple firearms in different spaces or times.

4

We recognize that if reasonable minds disagreed as to whether the statute is, in fact, ambiguous, "the rule of lenity would require us to interpret it in favor of the defendant." Haley v. State, 289 Ga. 515, 527, 712 S.E.2d 838 (2011). See, e.g., United States v. Verrecchia, 196 F.3d 294 (II) (A) (1st Cir.1999) ; United States v. Valentine, 706 F.2d 282 (V) (10th Cir.1983) ; United States v. Rosenbarger, 536 F.2d 715 (III) (6th Cir.1976). Plainly put, all roads lead to the same conclusion: Coates may be convicted and sentenced for only one count of possession of a firearm by a convicted felon.