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Malone v. State

The evidence supported the defendant's conviction for possession of a firearm by a convicted felon after an officer found a gun in the vehicle the defendant was driving from an automobile auction to an automobile dealership for his employer.

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William Malone was convicted by a jury of possession of a firearm by a convicted felon in violation of OCGA § 16-11-131. He appealed to this Court, but his appeal was dismissed for failure to timely file his brief on appeal. Following the return of the remittitur, the trial court granted Malone’s motion for out-of-time appeal and appointment of new appellate counsel. New appellate counsel filed an amended motion for new trial, which the trial court denied. Malone then timely filed this appeal, asserting in his sole enumeration of error that the evidence was insufficient to support his conviction. As more fully set forth below, we now affirm.

Construed to support the jury’s verdict,1 the evidence shows that at approximately 11:30 p.m. on November 20, 2013, Officer Brian Notestine with the Gwinnett County Police Department stopped the driver of a silver Mercedes, subsequently identified as Malone, because of a tag violation. Officer Notestine approached the driver’s side of the vehicle and obtained Malone’s driver’s license. During the process of checking Malone’s driver’s license, which was valid, Officer Notestine discovered that there was an outstanding warrant for Malone’s arrest. Officer Notestine also confirmed that at the time of the stop, Malone, who was sometimes employed as a driver for a vehicle transportation company, was driving the Mercedes from an automobile auction to an automobile dealership for his employer.

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