State v. Slaughter (2011)

The current version of OCGA § 16-11-131, which is identical in relevant part to the version in effect at the time of Hillman’s crimes, provides as the baseline sentencing range for violations “imprisonfment] for not less than one nor more than five years,” OCGA § 16-11-131 (b), with a mandatory five-year sentence of imprisonment if the prior conviction was for a forcible felony, see id. 3 Opinions endorsing the same reading of King hut then distinguishing the case at hand in…

See generally Wright v. State, 304 Ga. App. 651, 653 (2) ( 697 SE2d 296 ) (2010) (crossing centerline and driving into oncoming traffic near a dangerous 21 intersection was evidence of reckless driving); Morrison v. State, 272 Ga. App. 34, 41 (5) ( 611 SE2d 720 ) (2005) (crossing centerline was evidence of reckless driving), overruled in part on other grounds, State v. Slaughter, 289 Ga. 344, 346, n. 4 ( 711 SE2d 651 ) (2011); Boone v. State, 229 Ga. App. 379, 381 (7) ( 494 …

Cf. State v. Slaughter, 289 Ga. 344, 346 ( 711 SE2d 651 ) (2011) (affirming the principle “that a felony used to convict a defendant of possession of a firearm by a convicted felon cannot also be used to enhance the defendant’s punishment as a repeat offender under OCGA § 17-10-7 (a),” as it would eviscerate the sentencing provision of the criminal possession statute, (citation omitted)).

See Wright v. State, 304 Ga. App. 651, 653 (2) ( 697 SE2d 296 ) (2010) (crossing centerline and driving into oncoming traffic near a dangerous intersection was evidence of reckless driving); Morrison v. State, 272 Ga. App. 34, 41 (5) ( 611 SE2d 720 ) (2005) (crossing centerline evidence of reckless driving), overruled on other grounds, State v. Slaughter, 289 Ga. 344, 346, n.4 ( 711 SE2d 651 ) (2011).

See Wright v. State, 304 Ga. App. 651, 653 (2) ( 697 SE2d 296 ) (2010) (crossing centerline and driving into oncoming traffic near a dangerous intersection was evidence of reckless driving); Morrison v. State, 272 Ga. App. 34, 41 (5) ( 611 SE2d 720 ) (2005) (crossing centerline evidence of reckless driving), overruled on other grounds, State v. Slaughter, 289 Ga. 344, 346, n. 4 ( 711 SE2d 651 ) (2011).

The Georgia Supreme Court recently explained the rationale for this holding: “the application of OCGA § 17-10-7 (a)[2] eviscerates the sentencing range of one to five years set forth in OCGA § 16-11-131 [(possession of a firearm by a convicted felon)] because the trial court is forced to impose a five-year sentence.” State v. Slaughter, 289 Ga. 344, 346 ( 711 SE2d 651 ) (2011).

The Supreme Court of Georgia recently explained the rationale for this holding: “the application of OCGA § 17-10-7 (a)[ 2 ] eviscerates the sentencing range of one to five years set forth in OCGA § 16-11-131 [(possession of a firearm by a convicted felon)] because the trial court is forced to impose a five-year sentence.” State v. Slaughter, 289 Ga. 344, 346 ( 711 SE2d 651 ) (2011).

(Citation and punctuation omitted.) State v. Slaughter, 289 Ga. 344, 346 ( 711 SE2d 651 ) (2011).

The pipe was dry, although it had been raining and the surrounding area was ‘soaked’; from this evidence the court as factfinder could infer that the pipe had been on the ground for a very short period of time.”); Reason v. State, 283 Ga. App. 608, 610 (1) (a) ( 642 SE2d 236 ) (2007) (holding that there was sufficient circumstantial evidence that defendant possessed cocaine when, “[although other people were present and had access to the yard, the surveilling officers testif…