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Jones v. State

Conviction for possession of a firearm during the commission of a felony reversed because the underlying crime was a misdemeanor theft by taking.

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Mac Derrick Jones appeals following his convictions on one count of armed robbery, two counts of theft by taking and two counts of possession of a firearm during the commission of a crime. We affirm in part and reverse in part. On December 27, 1999, Jones contacted Julia Ann Moss, who lived in Greene County, Georgia, about a favor he wanted her to perform for him and asked her to meet him in Athens. Reluctantly, Moss did so. They drove to the residence of Darrel Lester, where Jones was staying and which was near the Suburban Lodge. After they arrived, Moss learned that Lester and Jones planned to rob the motel. Jones and Moss then rode together to the Suburban Lodge in her white 1991 Acura Integra. Lester drove there in another car to act as “lookout.” Jones was wearing a ski mask, blue jeans, tennis shoes and a dark blue jacket.

Matthew Dion, a full-time University of Georgia student, was working as a desk clerk at the Suburban Lodge that night. He was sitting in the back room, when he heard the door slam open. Dion looked into the lobby and saw a man wearing a ski mask with a gun in his hand. The man demanded that Dion show him where the money was kept. Dion, who said he was “shocked and extremely frightened,” indicated the cash register. The man took $200 to $300, dropping some money as he fled. Dion then saw a white Acura Integra leaving the parking lot. Moss testified that after Jones robbed the Suburban Lodge, he got into Moss’s Integra and they drove to Lester’s residence.

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