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Lindsey v. State

The trial court erred in failing to consider whether O.C.G.A. § 16-11-126 d is unconstitutionally vague.

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Following a bench trial in the City Court of Atlanta, defendant Juan C. Lindsey was found guilty of carrying a concealed weapon, driving a vehicle not equipped with headlights and driving with an expired license. He appeals, contending the trial court should have ruled on his constitutional challenge to OCGA § 16-11-126 d, that OCGA § 16-11-126 d is unconstitutional and that the evidence to support his conviction for carrying a concealed weapon is insufficient.

1. Lindsey first enumerates as error the trial court’s failure to rule on his constitutional challenge to OCGA § 16-11-126 d. Lindsey was charged with carrying a concealed weapon in violation of OCGA § 16-11-126 a after a handgun was observed in the open side pocket passenger door of his vehicle during a traffic stop. Lindsey filed, inter alia, a general and special demurrer prior to trial contending 1 that he could admit to the allegations against him and not be guilty and 2 that he was entitled to an indictment perfect in form as well as substance. Lindsey subsequently filed an amended motion contending he could “admit to the allegations in count two carrying a concealed weapon and still not be guilty of a crime according to the provisions of OCGA § 16-11-126 d.”

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