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- As to any one vehicle, separate counts charging possession with knowledge that an identification number has been "removed and falsified" and possession with knowledge that an identification number has been "falsified" are merged, and it is error to sentence a defendant to consecutive sentences based on a theory that these counts refer to separate transactions. Gary v. State, 122 Ga. App. 151, 176 S.E.2d 478 (1970).
- Although the defendant characterized the jury's verdicts finding the defendant guilty of operating a chop shop and of falsifying a vehicle identification number as mutually exclusive, the two guilty verdicts returned by the jury could be logically reconciled as a finding that a person wilfully removed or falsified the identification number of a vehicle does not logically exclude a finding that the person owned, operated, or conducted a premise in which the person knowingly altered a vehicle identification number with the intent of misrepresenting the vehicle's identity, and the defendant's challenge was actually predicated upon the inconsistent verdict rule, which had been abolished in Georgia. Wilmott v. State, 326 Ga. App. 1, 755 S.E.2d 818 (2014).
Cited in Barron v. State, 109 Ga. App. 786, 137 S.E.2d 690 (1964); Law v. State, 110 Ga. App. 364, 138 S.E.2d 588 (1964); Undercofler v. White, 113 Ga. App. 853, 149 S.E.2d 845 (1966); Daniel v. State, 118 Ga. App. 370, 163 S.E.2d 863 (1968); Hambright v. State, 161 Ga. App. 877, 289 S.E.2d 24 (1982).
- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 37.
- Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicle, 37 A.L.R. 1465; 52 A.L.R. 701; 63 A.L.R. 688; 94 A.L.R. 948; 58 A.L.R.2d 1351.
Criminal liability, under state law, concerning illegal removal or alteration of vehicle identification number, including sale or possession of altered motor vehicles or parts, 107 A.L.R.5th 567.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1984-09-26
Citation: 320 S.E.2d 371, 253 Ga. 382, 1984 Ga. LEXIS 936
Snippet: that a crime had taken place. See OCGA §§ 40-4-6, 40-4-21. If the court determines that the presence of an