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Sapp v. State

Possession of a firearm can be considered an inherently dangerous felony in support of a felony murder conviction.

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On March 23, 1989, Roger Sapp was convicted by a jury for felony murder based on the underlying felony of possession of a firearm by a convicted felon. Sapp was sentenced to life imprisonment for felony murder. In Sapp v. State , 260 Ga. 86 390 SE2d 38 1990, this Court affirmed Sapp’s conviction. On September 27, 2007, Sapp filed a motion to vacate his sentence, contending that his felony murder conviction was void because it could not be merged with or supported by the underlying felony of possession of a firearm by a convicted felon. The superior court denied Sapp’s motion, and, acting pro se, he appeals. Sapp’s contention is misplaced. As we have previously decided, The only limitation on the type of felony that may serve as an underlying felony for a felony murder conviction is that the felony must be inherently dangerous to human life. A felony is inherently dangerous when it is dangerous per se or by its circumstances creates a foreseeable risk of death. Depending on the facts, possession of a firearm by a convicted felon can be an inherently dangerous felony.Hines v. State , 276 Ga. 491, 493 3 578 SE2d 868 2003. In this case, “the evidence showed that Sapp and the victim were arguing over money that Sapp claimed the victim owed him. The victim attempted to leave the scene of the argument, but Sapp fired a gun at him, inflicting a fatal wound.” Sapp , supra. Under these facts, Sapp’s possession of a firearm could be considered an inherently dangerous felony supporting his conviction for felony murder. As a result, Sapp’s conviction was proper. Sapp’s sentence was proper as well. See Lawson v. State , 280 Ga. 881 3 635 SE2d 134 2006 felony murder predicated on possession of a firearm by a convicted felon carries a mandatory life sentence.

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