Howze v. State, 410 S.E.2d 323 (Ga. Ct. App. 1991). · Go Syfert
Howze v. State, 410 S.E.2d 323 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
56 citation events (46 in the last 25 years) across 2 distinct courts.
Strongest positive: Leslie Singleton v. State (gactapp, 2014-03-27)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (rule) Leslie Singleton v. State
Ga. Ct. App. · 2014 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Singleton v. State
Ga. Ct. App. · 2014 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Kevin Broyard v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Broyard v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2014 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commissionofacrimearespecificallyauthorizedbyOCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Fuller v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Dontavius Sherrod Fuller v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2013 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Bryson v. State
Ga. Ct. App. · 2012 · confidence medium
“Where a robbery is committedby the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Julius Bryson v. State
Ga. Ct. App. · 2012 · confidence medium
“Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).” (Citations and punctuation omitted.) Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Cook v. State
Ga. Ct. App. · 2012 · confidence medium
See Washington v. State, 276 Ga. 655, 656 (1) ( 581 SE2d 518 ) (2003). 2 Stone v. State, 257 Ga. App. 492 ( 571 SE2d 488 ) (2002). 3 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 4 Craft v. State, 252 Ga. App. 834, 839 (1) ( 558 SE2d 18 ) (2001). 5 (Citation omitted.) Jackson v. State, 281 Ga. App. 506, 507 ( 636 SE2d 694 ) (2006). 6 (Citation and punctuation omitted.) Stone, supra. 7 (Citation and punctuation omitted.) Osborn v. State, 161 Ga. App. 132, 133 (1) ( 291 SE2d 22 ) (1982). 8 OCGA § 16-2-21. 9 Burks v. State, 268 Ga. 504, 505 ( 491 SE2d 368 ) (1997). 10 (Citations and punctuatio…
discussed Cited as authority (rule) Ham v. State
Ga. Ct. App. · 2010 · confidence medium
OCGA § 16-2-20 (b). 18 Scott v. State, 297 Ga. App. 577, 580 ( 677 SE2d 755 ) (2009) (citation and punctuation omitted). 19 See generally Rankin, supra; see Scott, supra (armed robbery); Mitchell v. State, 271 Ga. App. 711, 713 (1) ( 610 SE2d 672 ) (2005) (burglary); London v. State, 247 Ga. App. 618, 622-623 (5) ( 544 SE2d 525 ) (2001) (aggravated assault); Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991) (possession of a firearm during commission of a felony). 20 Park v. State, 260 Ga. App. 879, 880-881 (1) ( 581 SE2d 393 ) (2003) (citations and punctuation omitted). 21 Maxwell v…
cited Cited as authority (rule) Johnson v. State
Ga. · 2003 · confidence medium
Tesfaye v. State, 275 Ga. 439, 440 (1) ( 569 SE2d 849 ) (2002); Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited as authority (rule) Tesfaye v. State
Ga. · 2002 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); OCGA § 16-2-20 (party to a crime); Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991) (if accomplice carries a gun, defendant need not have actual possession of the firearm to be found guilty of armed robbery and possession of a firearm during the commission of a crime); Clements v. State, 84 Ga. 660 (1) ( 11 SE 505 ) (1890) (robbery occurs when perpetrators keep victim away from nearby site from which the victim’s property is taken). 2.
discussed Cited as authority (rule) Buchanan v. State
Ga. Ct. App. · 2002 · confidence medium
Smith, P. J., and Barnes, J., concur. 1 The trial court directed a not guilty verdict on a fourth charge of theft by taking (motor vehicle). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); McKay v. State, 251 Ga. App. 115, 116 ( 553 SE2d 672 ) (2001). 3 McKay, supra. 4 Id. at 116-117 . 5 See Toney v. State, 253 Ga. App. 231, 234 (2) ( 558 SE2d 780 ) (2002); Hayes v. State, 249 Ga. App. 857, 859-860 (1) ( 549 SE2d 813 ) (2001); Howze v. State, 201 Ga. App. 96, 97-98 ( 410 SE2d 323 ) (1991). 6 OCGA § 16-8-7 (a); see also Harris v. State, 247 Ga. App. 41, 42 ( 543 SE2d 75 ) (2000). 7 OCGA § 1…
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 1998 · confidence medium
Pope, P. J., and Ruffin, J., concur. 1 Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991); see Hopkins v. State, 227 Ga. App. 567 (1) ( 489 SE2d 368 ) (1997); see also Martin v. State, 213 Ga. App. 146 ( 444 SE2d 103 ) (1994). 2 264 Ga. 131, 132 ( 442 SE2d 444 ) (1994). 3 268 Ga. 682, 685 (7) ( 492 SE2d 225 ) (1997). 4 Accord, e.g., Strickland v. State, 223 Ga. App. 772, 777 (1) ( 479 SE2d 125 ) (1996). 5 Thomas v. State, 226 Ga. App. 441, 444 (8) ( 487 SE2d 75 ) (1997). 6 Widner v. State, 203 Ga. App. 823, 825 (4) ( 418 SE2d 105 ) (1992) (theft by taking); Millis v. State, 196 Ga. Ap…
cited Cited as authority (rule) Mitchell v. State
Ga. Ct. App. · 1997 · confidence medium
Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
cited Cited as authority (rule) Crider v. Zurich Insurance
Ga. Ct. App. · 1996 · confidence medium
Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
cited Cited as authority (rule) Lawton v. State
Ga. Ct. App. · 1995 · confidence medium
OCGA § 16-2-20; Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ); Perkins v. State, 194 Ga. App. 189, 190 (1) ( 390 SE2d 273 ).
discussed Cited "see" Campbell v. State (2×)
Ga. Ct. App. · 2012 · signal: accord · confidence high
Accord Millender v. State, 286 Ga. App. 331, 332 (1) ( 648 SE2d 777 ) (2007) (criminal intent inferred from defendant’s conduct in acting as lookout and additional show of force during robbery). 16 (Emphasis supplied.) OCGA § 16-8-41 (a). 17 Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited "see" Clark v. State (2×)
Ga. Ct. App. · 2011 · signal: accord · confidence high
Accord White v. State, 308 Ga. App. 38, 41 (2) ( 706 SE2d 570 ) (2011). 7 See OCGA § 24-4-8 (“The testimony of a single witness is generally sufficient to establish a fact”). 8 OCGA § 16-11-106 (b) (1). 9 See OCGA §§ 16-1-3 (5) (defining “felony” to include a crime punishable by imprisonment for more than 12 months) and 16-5-21 (b) (aggravated assault punishable by imprisonment for not less than one nor more than twenty years). 10 See Tesfaye v. State, 275 Ga. 439 -440 (1) ( 569 SE2d 849 ) (2002) (where accomplice carried firearm during robbery, evidence was sufficient to convict d…
discussed Cited "see, e.g." Sanders v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See OCGA § 16-11-106 (e); see also Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991) (noting that separate convictions for armed robbery and the possession of a firearm during the commission of a felony are separate convictions under OCGA § 16-11-106 (e)).
discussed Cited "see, e.g." James Edward Sanders v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence medium
See OCGA § 16-11-106 (e); see also Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991) (noting that separate convictions for armed robbery and the possession of a firearm during the commission of a felony are separate convictions under OCGA § 16-11-106 (e)).
discussed Cited "see, e.g." Spradley v. State (2×)
Ga. Ct. App. · 2005 · signal: see also · confidence medium
See OCGA § 16-8-41 (a) (a person commits armed robbery when he takes property from another by use of an offensive weapon); OCGA § 16-2-20 (b) (3) (person who aids or abets in commission of crime is guilty of the crime); see also Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991).
discussed Cited "see, e.g." Jones v. State (2×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
See OCGA § 16-2-20 (a) (person concerned in commission of crime may be convicted of it); see also Howze v. State, 201 Ga. App. 96, 97 ( 410 SE2d 323 ) (1991) (a defendant involved in armed robbery may be properly convicted even when he does not possess firearm). 2.
Howze
v.
the State
A91A1342.
Court of Appeals of Georgia.
Sep 3, 1991.
410 S.E.2d 323
John H. Tarpley, for appellant., Robert E. Wilson, District Attorney, Barbara B. Conroy, Thomas S. Clegg, Nelly F. Withers, Assistant District Attorneys, for appellee.
Beasley, Banke, Carley.
Cited by 25 opinions  |  Published
Beasley, Judge.

Appellant, Stanley Howze, and Carlton Lewis Jackson were indicted for armed robbery, OCGA § 16-8-41, and possession of a firearm during commission of a felony, OCGA § 16-11-106. Jackson pled guilty and appellant was convicted of both offenses.

The evidence showed that appellant and Jackson robbed an[*97] Arby’s restaurant in DeKalb County. Jackson placed an order at the counter, and appellant stood back of him. Jackson brandished a gun and demanded money from the cash register. Appellant remained in the background and kept looking out of both doors. Jackson became agitated because there was no money in one of the cash registers, and he threatened to kill a restaurant employee if he did not get more money. At that point, another employee opened the drive-through register and pulled out the entire cash drawer. Appellant then approached the employee and instructed him to give appellant the money, which the employee did. Appellant then rejoined Jackson, who told the people in the store to hit the deck, after which he and appellant fled.

Appellant enumerates as error the trial court’s denial of his motion for a directed verdict of acquittal, OCGA § 17-9-1 (a), on the count charging him with possession of a firearm during the commission of a crime. He argues first that he cannot be convicted of a firearm possession charge under OCGA § 16-11-106 when he is also convicted of armed robbery by use oí1 that firearm. The possession charge, he posits, is a lesser included offense.

“ ‘Where a robbery is committed by the use of a firearm, separate convictions for armed robbery and possession of a firearm during the commission of a crime are specifically authorized by OCGA § 16-11-106 (e).’ [Cit.]” Kennedy v. State, 195 Ga. App. 795 (1) (395 SE2d 270) (1990). See also Wilson v. Zant, 249 Ga. 373, 380 (290 SE2d 442) (1982). “Such double punishment is not constitutionally prohibited, nor is it violative of our double jeopardy statutes to convict a person of both possession of a firearm during the commission of a felony and the accompanying felony in a single prosecution.” Wiley v. State, 250 Ga. 343, 351 (6) (296 SE2d 714) (1982).

Appellant also argues that the “party” theory of OCGA § 16-2-20 may not be relied on to convict him of the possession charge because he at no time possessed the weapon. He posits that the nature of the crime requires actual possession and seeks an overruling of Wilcox v. State, 177 Ga. App. 596 (340 SE2d 243) (1986). It was held in that case that where a party has committed armed robbery and possession of a firearm during commission of a felony, an accomplice who is concerned in the commission of those crimes under OCGA § 16-2-20 is likewise guilty of both offenses, notwithstanding the fact that the accomplice did not have actual possession of the firearm. The Code does not require actual possession with respect to this offense and we are not authorized to import such a limitation and narrowing of the prohibition. Wilcox has not been shown to be erroneous.

Appellant also asks us to overrule Coleman v. State, 163 Ga. App. 173 (293 SE2d 395) (1982), but that case is inapposite in that it involved a different crime of possession than the one at issue here.[*98] Coleman held that armed robbery (OCGA § 16-8-41) and possession of a firearm by a convicted felon (OCGA § 16-11-131) are separate offenses in that they have distinct elements. Moreover, the dicta in Coleman relating to OCGA § 16-11-106 supports rather than disfavors appellant, but it did not take into account the 1976 amendment to the law. Ga. L. 1976, pp. 1591, 1592. See OCGA § 16-11-106 (e). The Georgia Supreme Court referred explicitly to that change in Wiley v. State, supra, and rejected the argument appellant makes here.

Decided September 3, 1991. John H. Tarpley, for appellant. Robert E. Wilson, District Attorney, Barbara B. Conroy, Thomas S. Clegg, Nelly F. Withers, Assistant District Attorneys, for appellee.

Judgment affirmed.

Banke, P. J., and Carley, J., concur.