Boatner v. State
312 Ga. App. 147
Ga. Ct. App.2011Background
- Boatner pled guilty in 2003 to possession of marijuana with intent to distribute, possession of a firearm during a crime, and possession of a firearm by a convicted felon, and received 15 years probation.
- General probation conditions included not violating laws, not possessing firearms, and avoiding disreputable or harmful persons.
- In 2010, a probation officer learned Boatner might be associating with a wanted parolee and authorities investigated at Boatner’s mobile home.
- Officers found a loaded rifle outside the trailer, a stun gun, tire puncher, and a small knife in a nearby truck, and a wallet in the truck.
- Trial court revoked Boatner’s probation (five years) for two probation violations and for a new felony of possession of a firearm by a convicted felon; appellate court partially reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence Boatner possessed the rifle? | Boatner possessed the rifle given its proximity to his trailer. | Rifle could belong to a neighbor; no ammunition found; no link to Boatner. | Insufficient evidence; not proven Boatner possessed the rifle. |
| Was there sufficient evidence Boatner possessed items in the truck (stun gun, knife, etc.)? | Boatner controlled the truck and items found there. | Truck belonged to his brother-in-law; Boatner did not have exclusive control. | Insufficient evidence Boatner possessed the items; no exclusive control or ownership shown. |
| Did Boatner violate probation by being in the presence of Allen, a wanted parolee? | Boatner failed to avoid a person of disreputable character by associating with Allen. | Boatner did not invite Allen and did not know he would be present; credibility for trial court. | Evidence showed Boatner did not avoid Allen; however, the court ultimately critiques the extent of evidence leading to this conclusion. |
| Was the new felony offense of possession of a firearm by a convicted felon proven? | Boatner violated multiple conditions and committed a new felony. | Insufficient evidence linking Boatner to firearm possession; lack of proof of ownership or control. | Insufficient evidence to support the new felony conviction; partial reversal/remand indicated. |
Key Cases Cited
- Marks v. State, 306 Ga.App. 824 (2010) (revocation standard governed by preponderance; appellate deference unless abuse of discretion)
- Scott v. State, 305 Ga.App. 596 (2010) (possession requires more than mere proximity to contraband)
- Smith v. State, 306 Ga.App. 54 (2010) (reverses revocation when only spatial proximity evidence exists)
- Smith v. State, 283 Ga.App. 317 (2007) (standard for alcohol/necessity? (in opinion cited for credibility/standard)")
- Brown v. State, 294 Ga.App. 1 (2008) (hearsay has no probative value in probation revocation)