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Stover v. State

The defendant's inconsistent verdict argument based on his acquittal for the underlying crimes serving as the predicate offenses for the firearms offenses for which he was convicted was meritless, since Georgia has abolished the inconsistent verdict rule.

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Richard Stover appeals from his conviction of four counts of possession of a firearm during the commission of a felony,1 contending that the evidence was insufficient to support a guilty verdict because the State failed to prove and the jury acquitted him of the underlying assaults and battery serving as the predicate offenses for the firearm offenses. Because Stover’s argument is based on the consistency of the verdict, and Georgia has abolished the inconsistent verdict rule, we affirm.

Construed in favor of the verdict,2 the record shows that several police officers approached an apartment to execute a warrant based on a reported drug purchase out of the apartment. An entry team knocked on the door and loudly announced “Police, search warrant.” A man appeared at the door and allowed the team to enter. The team secured the man and three women inside the apartment. As police continued to secure the premises, shots were fired from another location within the apartment. Police returned fire, and Stover was hit in the hand, arm, and face. He was then disarmed and arrested.

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