Murray v. State
309 Ga. App. 828
| Ga. Ct. App. | 2011Background
- Murray, a convicted felon, was charged with two counts of possession of a firearm by a convicted felon and co-defendants faced related burglary, armed robbery, and other charges.
- In a bifurcated trial, the jury acquitted on the non-firearm offenses in phase one but proceeded to consider the firearm counts in phase two.
- Evidence included guns, masks, gloves found in a rental car, and testimony from co-defendant Anderson linking Murray to the crimes.
- Anderson testified that Murray instigated the crimes and that the trio carried firearms during the offense; she also identified involvement in driving and presence at the scene.
- Murray and co-defendant McIntosh denied owning or possessing the guns; the state relied on conspiracy and overall conduct to establish possession.
- The trial court sentenced Murray to five years on each firearm count, to run consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for constructive possession | Murray argues no actual possession; only back-seat status shows no power or intent to control. | State may prove possession by conspiracy and constructive possession through evidence of co-conspirators' possession. | Sufficient evidence to establish constructive possession via conspiracy and related conduct. |
| Use of evidence from first phase to prove gun possession | Acquittal on other charges precludes reliance on those facts for firearm possession. | All trial evidence may be considered in proving firearm possession despite first-phase acquittals. | Evidence from the first phase may be considered; verdicts on other charges do not invalidate firearm conviction. |
Key Cases Cited
- Davis v. State, 287 Ga.App. 783, 653 S.E.2d 107 (2007) (test for sufficiency of evidence in criminal convictions)
- Slater v. State, 209 Ga.App. 723, 434 S.E.2d 547 (1993) (constructive possession may be shown by circumstantial evidence)
- Reid v. State, 212 Ga. App. 787, 442 S.E.2d 852 (1994) (when evidence is circumstantial, must exclude other reasonable hypotheses)
- Parramore v. State, 277 Ga.App. 372, 626 S.E.2d 567 (2006) (standard for sufficiency and appraisal of evidence)
- Cox v. State, 300 Ga.App. 109, 684 S.E.2d 147 (2009) (constructive possession standards and evidentiary requirements)
- Tanksley v. State, 281 Ga.App. 61, 635 S.E.2d 353 (2006) (acquittal on some counts does not invalidate others when evidence supports guilt)