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Langlands v. State

The defendant was entitled to a new trial on his conviction for possession of a firearm in the commission of a crime, since the same evidence, which would authorize the jury to find that the defendant acted in self-defense with regard to the murder and aggravated assault convictions, could authorize the jury to acquit on the firearms offense.

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Defendant Steven Christopher Langlands was convicted of malice murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. The trial court sentenced defendant to life in prison for the murder conviction, to be followed by two consecutive five-year terms for the firearms convictions.1 Defendant moved for a new trial alleging, inter alia, ineffective assistance of counsel. Following a hearing, the trial court found that defense counsel was ineffective because he failed to present evidence that the victim committed specific acts of violence against a third person —even though defendant claimed justification. See Chandler v. State , 261 Ga. 402, 407 3 405 SE2d 669 1991. It then granted defendant’s motion for new trial with regard to the murder and aggravated assault convictions, but denied defendant’s motion as to the firearm convictions. Defendant appeals, claiming he is entitled to a new trial on all of the charges.

1. Because the murder count of the indictment remains pending below, jurisdiction of this appeal lies in this Court. Compare Cain v. State , 277 Ga. 309, 310 1 588 SE2d 707 2003 with WALB-TV v. Gibson , 269 Ga. 564, n.2 501 SE2d 821 1998.

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