State v. Marlowe

A defendant who commits multiple crimes during the course of a continuous crime spree may be convicted once for possession of a firearm during the commission of a crime as to every individual victim of the crime spree- § 16-11-106 b 1.

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We granted certiorari in these cases to consider conflicting opinions from the Georgia Court of Appeals regarding whether multiple convictions for the possession of a weapon during the commission of a felony merge when there is continuous possession of a single weapon during multiple predicate offenses.1 We conclude that the legislature has not authorized multiple convictions for possession of a weapon when multiple felonies are committed against one victim. Multiple convictions may be authorized in other circumstances such as when there are multiple victims. Therefore, we affirm in part and reverse in part in both cases. Isaac Pearson was convicted of ten separate felonies based on his gun-wielding attack on three people and ten counts of possession of a gun during the commission of a felony. For the predicate felonies, he received two life sentences, plus consecutive sentences totaling 160 years. For each of the ten possession charges he received 5 years to run consecutively. The Court of Appeals rejected Pearson’s argument that he could only be sentenced for one possession charge since he possessed only one gun during the crime spree.2

Kevin Marlowe was convicted of three separate felonies based on his knife-wielding attack on an elderly woman and three counts of possession of a knife during the commission of a felony. For the predicate felonies, he received a 20 year sentence, 10 to serve, and two 10 year sentences, all sentences to run concurrently. For each of the possession charges he received 5 years to run consecutively. The Court of Appeals held that because the possession of the knife was continuous and the felonies were committed upon one victim, the possession charges should have been merged into one for sentencing.3

State v. Marlowe

A defendant who commits multiple crimes during the course of a continuous crime spree may be convicted once for possession of a firearm during the commission of a crime as to every individual victim of the crime spree- § 16-11-106 b 1.

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