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2018 Georgia Code 16-11-133 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-11-133 Case Law from Google Scholar Amendments to OCGA 16-11-133

TITLE 16 CRIMES AND OFFENSES

Section 11. Offenses Against Public Order and Safety, 16-11-1 through 16-11-224.

ARTICLE 4 DANGEROUS INSTRUMENTALITIES AND PRACTICES

16-11-133. Minimum periods of confinement for persons convicted who have prior convictions.

  1. 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 under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.
    2. "Firearm" includes any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
  2. Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, murder in the second degree, armed robbery, home invasion in any degree, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's reach of his or her person a firearm during the commission of, or the attempt to commit:
    1. Any crime against or involving the person of another;
    2. The unlawful entry into a building or vehicle;
    3. A theft from a building or theft of a vehicle;
    4. Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or
    5. Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,

      and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of 15 years, such sentence to run consecutively to any other sentence which the person has received.

  3. Upon the second or subsequent conviction of a convicted felon under this Code section, such convicted felon shall be punished by confinement for life. Notwithstanding any other law to the contrary, the sentence of any convicted felon which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.
  4. Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.

(Code 1981, §16-11-133, enacted by Ga. L. 1995, p. 137, § 1; Ga. L. 2014, p. 426, § 5/HB 770; Ga. L. 2014, p. 444, § 2-6/HB 271.)

Law reviews.

- For notes on the 1995 enactment of this Code section and § 16-11-134, see 12 Ga. St. U.L. Rev. 112 and 118 (1995).

JUDICIAL DECISIONS

Sufficient evidence of defendant's prior felony conviction.

- In a prosecution for the use of a firearm by a convicted felon, evidence that a South Carolina court gave the defendant a two-year sentence, with credit for time served, one year of probation to follow, and the balance suspended was sufficient to prove that the defendant had been convicted of a felony; a "felony" for purposes of O.C.G.A. § 16-11-133(a)(1) was any offense punishable by imprisonment for a term of one year or more. Verdree v. State, 299 Ga. App. 673, 683 S.E.2d 632 (2009).

Insufficient evidence of defendant as convicted felon.

- Trial court erred in convicting the defendant of possession of a firearm by a convicted felon in violation of O.C.G.A. § 16-11-133 because the evidence was insufficient to show that the defendant had been convicted of a prior felony; the state's exhibit showed that a "Derrick Beck" had been convicted of armed robbery, but nothing was presented to the jury to establish that Derrick Beck was the defendant. Mubarak v. State, 305 Ga. App. 419, 699 S.E.2d 788 (2010).

Defendant's sentence, as a recidivist, of concurrent 20 year terms on each of three counts of aggravated assault, concurrently five years terms on each of three counts of possession of a firearm during the commission of a crime, to run consecutively to the aggravated assault sentence, and concurrent 15 year terms on each of two counts of possession of a firearm by a convicted felon, to run consecutive to the aggravated assault sentence, was not cruel, inhumane, and unusual punishment because each sentence was within the statutory limits of the crimes charge, and the sentence was not grossly disproportionate to the underlying crimes. Willis v. State, 316 Ga. App. 258, 728 S.E.2d 857 (2012).

Failure to merge.

- Trial court erred in failing to merge, for purposes of sentencing, the defendant's convictions for possession of a firearm during the commission of a crime and possession of a firearm by a convicted felon with use of a firearm by a convicted felon during the commission of another felony, because the same act was used to establish each of the offenses and each crime did not require proof of a fact not required by the other. Jones v. State, 318 Ga. App. 105, 733 S.E.2d 407 (2012).

Cited in Lawton v. State, 281 Ga. 459, 640 S.E.2d 14 (2007).

Cases Citing Georgia Code 16-11-133 From Courtlistener.com

Total Results: 12

Bowman v. State

Court: Supreme Court of Georgia | Date Filed: 2023-10-11

Snippet: felon through use of a fire- arm under OCGA § 16-11-133 (Counts 9 and 16), armed robbery (Count 10), and

Beamon v. State

Court: Supreme Court of Georgia | Date Filed: 2022-10-04

Snippet: during the commission of a felony under OCGA § 16-11-133. 7 See Atkinson, 301 Ga. at 521 (2); Jones, 318

Ellington v. State

Court: Supreme Court of Georgia | Date Filed: 2022-08-09

Snippet: during the commission of a felony under OCGA § 16-11-133. After a jury trial from December 11 to 18, 2017

Talley v. State

Court: Supreme Court of Georgia | Date Filed: 2022-06-30

Snippet: of a firearm by a convicted felon under OCGA § 16-11-133 (Count 13). At a jury trial held from June

Montanez v. State

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Snippet: a firearm by a convicted felon under OCGA § 16-11-133 (b); that the evidence was insufficient to sustain

Moon v. State

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Snippet: Counts 14 and 15, were charged pursuant to OCGA § 16-11-133 for Moon’s possession of a firearm by a convicted

Coast v. State

Court: Supreme Court of Georgia | Date Filed: 2019-03-11

Citation: 826 S.E.2d 78, 305 Ga. 508

Snippet: felon during the commission of a crime (OCGA § 16-11-133 ) (Count 5). Following a May 23-27, 2016 jury

Atkinson v. State

Court: Supreme Court of Georgia | Date Filed: 2017-06-19

Citation: 301 Ga. 518, 801 S.E.2d 833, 2017 WL 2625457, 2017 Ga. LEXIS 540

Snippet: through the use of a firearm pursuant to OCGA § 16-11-133 — for a total sentence of life plus thirty years

Threatt v. State

Court: Supreme Court of Georgia | Date Filed: 2013-09-09

Citation: 293 Ga. 549, 748 S.E.2d 400, 2013 Fulton County D. Rep. 2843, 2013 WL 4779209, 2013 Ga. LEXIS 650

Snippet: Threatt had been convicted of violating OCGA § 16-11-133 (b), which authorizes a sentence up to fifteen

Phillips v. State

Court: Supreme Court of Georgia | Date Filed: 2009-02-09

Citation: 675 S.E.2d 1, 285 Ga. 213, 2009 Fulton County D. Rep. 1361, 2009 Ga. LEXIS 44

Snippet: firearm during the commission of a crime. OCGA § 16-11-133(b).[2] Accordingly, it was not objectionable to

Lawton v. State

Court: Supreme Court of Georgia | Date Filed: 2007-01-08

Citation: 640 S.E.2d 14, 281 Ga. 459, 7 Fulton County D. Rep. 104, 2007 Ga. LEXIS 5

Snippet: Lawton was charged under and convicted of OCGA § 16-11-133(b) which provides: Any person who has previously

Daniels v. State

Court: Supreme Court of Georgia | Date Filed: 1999-06-01

Citation: 271 Ga. 167, 517 S.E.2d 66, 99 Fulton County D. Rep. 2108, 1999 Ga. LEXIS 496

Snippet: under the First Offender Act, and (2) that OCGA § 16-11-133, which concerns sentencing for adjudicated felons