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S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). O.C.G.A. 16-5-2, felony murder predicated on possession of a firearm by a convicted felon in violation of O.C.G.A. Joint trial and use of evidence concerning offense of having been convicted of a felony and thereafter being in possession of a firearm during the trial and deliberation as to counts for armed robbery and possession of the sawed-off shotgun did not prejudice defendant's right to a fair trial by denial of due process and equal protection of the law. 16-11-131(b) is possession of a single firearm, and the defendant could be separately punished for possession of each of the firearms seized from the defendant's house; thus, the trial court committed no error in declining to merge the defendant's four firearm-related convictions for purposes of sentencing. - Because no exigency existed to justify a search after the defendant was handcuffed and placed under the watchful eye of a police officer, and even assuming that the defendant was under arrest while being detained in the kitchen, a search of the defendant's bedroom, which yielded a shotgun found under the bed in the bedroom, a box of unspent shotgun shells, and some loose unspent shotgun shells, was not one incident to an arrest; thus, the defendant's possession of a firearm while a convicted felon conviction was reversed, and the case was remanded for a new trial in which the illegally-obtained evidence could not be introduced. appx. The arrest was made without a warrant or probable cause. Stephens v. State, 279 Ga. 43, 609 S.E.2d 344 (2005). A judgment of conviction for transporting a stolen motor vehicle in interstate or foreign commerce or for committing or You're all set! Sufficiency of evidence of possession in prosecution under state statute prohibiting persons under indictment for, or convicted of, crime from acquiring, having, carrying, or using firearms or weapons, 43 A.L.R.4th 788. 16-11-131(c) mandating the granting of a pardon. 172, 523 S.E.2d 31 (1999). For annual survey on criminal law, see 70 Mercer L. Rev. 350, 651 S.E.2d 489 (2007). 15, 443 S.E.2d 662 (1994); Willis v. State, 214 Ga. App. - When a defendant was charged with possession of a firearm by a convicted felon, the defendant was entitled to a charge as to justification, the only defense defendant claimed; the refusal to so charge and to charge merely the language of O.C.G.A. .020 Carrying concealed deadly weapon. Biggers v. State, 162 Ga. App. 863, 288 S.E.2d 579 (1982); Grant v. State, 163 Ga. App. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. Quinn v. State, 255 Ga. App. There was sufficient evidence to support a defendant's convictions of malice murder, felony murder, armed robbery, aggravated assault, attempted burglary, and possession of a firearm by a convicted felon; in addition to testimony by a codefendant and eyewitness testimony by the victim's spouse, the victim's blood was on the defendant's clothes, the defendant had the victim's keys, and the knife used to kill the victim and a pistol were discovered near the site of the defendant's arrest in some woods near the scene of the crime. - Conviction for possession of a firearm by a convicted felon could not stand because the same prior conviction could not support both recidivist sentencing and a conviction of possession of a firearm by a convicted felon, and also a nolo contendere plea could not serve as proof of a prior conviction for a charge of possession of a firearm by a convicted felon; the prior conviction remained available to support enhanced sentencing as a recidivist, however. 608, 845 S.E.2d 345 (2020); Marshall v. State, Ga. , S.E.2d (Sept. 8, 2020). Warren v. State, 289 Ga. App. Malcolm v. State, 263 Ga. 369, 434 S.E.2d 479 (1993). Since defendant possessed the firearm in violation of O.C.G.A. 2d 50 (2007). 291, 585 S.E.2d 207 (2003). You already receive all suggested Justia Opinion Summary Newsletters. O.C.G.A. 487, 562 S.E.2d 712 (2002); Reece v. State, 257 Ga. App. 559, 802 S.E.2d 19 (2017). Scott v. State, 250 Ga. 195, 297 S.E.2d 18 (1982). denied, No. Drummer v. State, 264 Ga. App. - CRIMES AGAINST THE PUBLIC SAFETY. O.C.G.A. Jones v. State, 350 Ga. App. 24-5-506) to try a firearms possession charge, which required evidence of a prior felony conviction, together with a marijuana and a burglary charge. - Pursuant to Code Section 28-9-5, in 1988, "of" was deleted following "Chapter " in subsection (e) (now (f)). 775, 296 S.E.2d 110 (1982); Brooks v. State, 250 Ga. 739, 300 S.E.2d 810 (1983); Alexander v. State, 166 Ga. App. Trial court did not err in denying the defendant's motion to bifurcate and separately try the count for being a felon in possession of a firearm because bifurcation was not authorized when the charge of being a felon in possession served as the underlying felony for felony murder. 16-5-2(a), aggravated assault, O.C.G.A. denied, 552 U.S. 833, 128 S. Ct. 60, 169 L. Ed. 16-11-131, the trial court properly dismissed the charge. Starling v. State, 285 Ga. App. - Evidence was insufficient to convict the defendant of possession of a firearm by a convicted felon because the defendant's name did not appear on the lease for the apartment and there was no evidence that the defendant had any clothing or personal items at the apartment; the only evidence linking the defendant to the gun, other than the defendant's proximity to it, was the discovery of paperwork bearing the defendant's name in a closet of the apartment; and that circumstantial evidence did not provide a link between the defendant and the gun, nor did it exclude the possibility that the gun belonged to others present in the apartment - such as the other individual detained in the bedroom or those individuals found in the living room. 16-11-131. 6. State v. Remy, 308 Ga. 296, 840 S.E.2d 385 (2020). Chenoweth v. State, 281 Ga. 7, 635 S.E.2d 730 (2006). 347. 388, 691 S.E.2d 283 (2010). A federal jury found a Springfield man guilty last week for knowingly possessing a firearm as a convicted felon after a two-day trial at Sufficient evidence supported the defendant's convictions of two counts of felony murder under O.C.G.A. 21-6304. The issue in Greer v. United States involved 18 USC 922 (g), the federal law prohibiting felons from possessing firearms. Wyche v. State, 291 Ga. App. 3d Art. 627, 636 S.E.2d 779 (2006). - Evidence supported the defendant's contention that the defendant shot the victim in self-defense; therefore, if the defendant's possession of a firearm at the shooting was justified under the rule created under O.C.G.A. 299, 630 S.E.2d 774 (2006). KRS Chapter 527. Application of National Environmental Policy Act (NEPA) Antisegmentation Principle to Dredge or Fill Projects, 45 A.L.R. WebAny person prohibited from possessing, transporting, or carrying a firearm, ammunition for a firearm, or a stun weapon under subsection A may petition the circuit court of the jurisdiction in which he resides or, if the person is not a resident of the Commonwealth, the circuit court of any county or city where such person was last convicted of a Little v. State, 195 Ga. App. S08C0978, 2008 Ga. LEXIS 508 (Ga. 2008). Fact that gun was broken, dismantled, or inoperable as affecting criminal responsibility under weapons statute, 81 A.L.R.4th 745. Thompson v. State, 168 Ga. App. Evidence was sufficient to establish the defendant's constructive possession of a gun because the defendant had access to the gun and had exercised control over the gun and there was evidence to corroborate the defendant's statement to police that the defendant had purchased a gun since the defendant knew where the gun was hidden and the defendant gave police permission to enter the room, indicating the intent to exert control over the room and contents. Felony convictions include: any person who is on felony first McTaggart v. State, 285 Ga. App. O.C.G.A. Tanksley v. State, 281 Ga. App. Charles Lewis. 16, 673 S.E.2d 537 (2009), cert. 0:02. Miller v. State, 283 Ga. 412, 658 S.E.2d 765 (2008). Dawson v. State, 283 Ga. 315, 658 S.E.2d 755 (2008), cert. When the record shows two prior convictions and the records of the two convictions are so inextricably intertwined that one could not effectively be masked or otherwise removed from the jury's view, both convictions should be listed by the prosecutor. 734, 783 S.E.2d 133 (2016). 16-11-131 where a victim testified to seeing the weapon emerge from the window of defendant's truck, and then saw the muzzle flash. 247, 304 S.E.2d 95 (1983); McGee v. State, 173 Ga. App. Smallwood v. State, 166 Ga. App. Defense counsel was not ineffective under Ga. Const. 481, 657 S.E.2d 533 (2008), cert. 2d 50 (2007). - See Murray v. State, 180 Ga. App. Harvey v. State, 344 Ga. App. Mantooth v. State, 335 Ga. App. denied, 464 U.S. 1069, 104 S. Ct. 975, 79 L. Ed. Count of possession of firearm by convicted felon does not merge with related armed robbery charge. Williams v. State, 238 Ga. App. Edvalson v. State, Ga. , S.E.2d (Sept. 28, 2020). For article on the 2016 amendment of this Code section, see 33 Ga. St. U.L. Alvin v. State, 287 Ga. App. 16-11-131 is not an ex post facto law because it creates a new offense and imposes punishment for that offense only. Because Georgia abolished the inconsistent verdict rule, and despite the fact that the jury found that the defendant did not commit armed robbery, this did not preclude the trial judge from finding the defendant guilty of possessing a firearm while a convicted felon given evidence that: (1) the defendant's status as a convicted felon was not contested; and (2) the defendant was in constructive possession of the firearm used by another to commit the crimes charged and conspired to possess the firearm as a party to the crime. Butler v. State, 272 Ga. App. 24-1.1. - Because the defendant presented sufficient evidence to show that trial counsel was ineffective in failing to stipulate to the defendant's felon status or to obtain a jury charge limiting the jury's consideration of the defendant's criminal history, such failures prejudiced the defendant's defense sufficiently to require a new trial on a charge of aggravated assault; however, given the defendant's admission to possessing a gun at the time of the altercation, no prejudice resulted to warrant reversal and a new trial on the possession of a firearm by a convicted felon conviction. denied, 129 S. Ct. 481, 172 L. Ed. 16-11-131 as the state was not required to prove that the gun was operational at the time the defendant possessed the gun. 434, 346 S.E.2d 881 (1986); Hall v. State, 180 Ga. App. - Firearms found in the defendant's girlfriend's room, occupied by the defendant and defendant's girlfriend at the time of arrest, were properly admitted as being relevant to prove the necessary elements of O.C.G.A. Simpson v. State, 213 Ga. App. Adoption, Rejection, and Use of "Receipt of Benefits" Test Under 11 U.S.C.A. You're all set! - Propriety of using single prior felony conviction as basis for offense of possessing weapon by convicted felon and to enhance sentence, 37 A.L.R.4th 1168. "Felony" means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. 565, 677 S.E.2d 752 (2009). 813, 485 S.E.2d 39 (1997). S09C0986, 2009 Ga. LEXIS 341 (Ga. 2009). Evidence was sufficient to show that the defendant constructively possessed three firearms as a convicted felon in violation of O.C.G.A. With regard to a defendant's conviction on two counts of possession of a firearm by a convicted felon, the trial court did not err in denying the defendant's motion for directed verdict based on the defendant's contention that a prior out-of-state conviction was not a felony conviction; given that the defendant was convicted of an offense that carried a maximum punishment of three years in prison, the trier of fact properly concluded that the defendant had been convicted of an offense punishable by imprisonment for a term of one year or more, pursuant to O.C.G.A. State Journal-Register. Defendant's conviction for possession of a firearm by a convicted felon, based upon defendant's and an accomplice's robbing a store at gunpoint, was affirmed because the evidence was sufficient to support the conviction as latent fingerprints, which belonged to defendant, that were found in the car used in the armed robbery sufficiently corroborated the testimony of the accomplice who identified defendant as the driver of the car before the accomplice recanted the accomplice's custodial statement at trial. 3. 105, 650 S.E.2d 767 (2007). Any error in the admission of a witness's statements under the necessity exception to the hearsay rule was harmless in light of the overwhelming evidence of defendant's guilt for assault and possession of a firearm by a convicted felon, including the exact match of defendant's blood sample to the blood found at the scene, the location and timing of defendant's capture, and the fact that defendant had a recent gunshot wound. Removal of Trustee in Bankruptcy Under 11 U.S.C.A. 1203(2). denied, 546 U.S. 1019, 126 S. Ct. 656, 163 L. Ed. 16-11-131 any offense with a maximum sentence exceeding 12 months, even those denominated "misdemeanor" by the rendering jurisdiction; section was held partly unconstitutional in that it failed to give sufficient notice as to what out-of-state convictions could be used in support of the charge. Whitt v. State, 281 Ga. App. - Possession of a firearm by a convicted felon does not merge with act of shooting the firearm; therefore, a jury may find a convicted felon guilty of felony murder by treating the felon's possession of a firearm in committing the murder as the underlying felony. 764, 315 S.E.2d 257 (1984). Foreign Agents Registration Act of 1938, As Amended (22 U.S.C.A. 45 (2018). Although the trial court might not have been presented with evidence that the defendant was in physical possession of a firearm during the hijacking of the victim's car, because the evidence that was presented authorized a finding that the defendant was a party to that crime, and that all those involved were joint conspirators, the trial court did not err in denying the defendant a new trial on grounds that the indictment charging possession of a firearm during the commission of a felony was at fatal variance with the proof presented at trial. In the Interest of D. B., 341 Ga. App. Robinson v. State, 281 Ga. App. 324(a), 44 A.L.R. O.C.G.A. SPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a Evidence supported convictions of malice murder, possessing a firearm during the commission of that murder, and possession of a weapon by a convicted felon. 734, 310 S.E.2d 725 (1983). 55, 601 S.E.2d 434 (2004). - In a recitation of felonies in an indictment for violation of O.C.G.A. 611 et seq. WebThe simple assault statute, OCGA 16-5-20, provides: (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Glass v. State, 181 Ga. App. 770, 728 S.E.2d 286 (2012). Johnson v. State, 308 Ga. 141, 839 S.E.2d 521 (2020). What constitutes actual or constructive possession of unregistered or otherwise prohibited firearm in violation of 26 USCS 5861, 133 A.L.R. 29, 2017)(Unpublished). - Defendant's conviction for possession of a firearm by a convicted felon was reversed because the defendant established ineffective assistance of counsel for counsel's failure to object to the witness's testimony that improperly bolstered the investigator's testimony and credibility. Daughtry v. State, 180 Ga. App. 314, 387 S.E.2d 602 (1989); 123 A.L.R. Charles Randy Payton Lewis, 29, was arrested in September 2022 and If convicted, they face up to 10 years in federal prison. 374, 626 S.E.2d 579 (2006). A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection. Fain v. State, 259 Ga. 708, 386 S.E.2d 144 (1989). Unlawful Possession of a Firearm by Convicted Felon in Collin County, Texas. A: Previously, there was a misdemeanor called carrying a weapon without a license (in addition to the felony of possession of a firearm by a convicted felon). 2d 74 (1992); Holcomb v. State, 231 Ga. App. 6. Testimony provided by two accomplices, together with inside information wherein defendant learned about the location of the robbery, the security camera on the premises, the people that worked there, how many people worked there, who was in the back area, and about the safe, when coupled with the fact that the gunman was not captured on the security camera, provided some evidence, though slight, that the robber had such inside information; under the circumstances, the accomplices' testimony was sufficiently corroborated, and the jury was authorized to find defendant guilty of armed robbery, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. .040 Possession of firearm by convicted felon -- Exceptions -- Applicability to youthful offenders. 513, 621 S.E.2d 523 (2005). 139 (2016). 16-11-131(b) if the felon carries a firearm. Evidence was sufficient to support defendant's conviction for possession of a firearm by a convicted felon where defendant did not dispute that defendant was a convicted felon, and an officer observed defendant with a firearm. 657, 350 S.E.2d 302 (1986). Tanner v. State, 259 Ga. App. Martin v. State, 306 Ga. 538, 832 S.E.2d 402 (2019). Waiver or Loss of Protection of Federal Attorney 'Work Product' Protection for Expert Witnesses Under Fed. - To support a conviction for possession of a firearm by a convicted felon, the state need only prove that the accused is a convicted felon and in possession of a firearm as defined in O.C.G.A. Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. 474, 646 S.E.2d 695 (2007). V (see now Ga. Const. 379, 494 S.E.2d 100 (1997); Crawford v. State, 233 Ga. App. 2d 213 (1984). 2d 50 (2007). 481, 657 S.E.2d 533 (2008), cert. .030 Defacing a firearm. WebThe 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLVI. in a residential area and the defendant's attempt to flee on foot; a backpack that the defendant was carrying while running from the police and which was recovered from the roof of the house around which the defendant had disappeared had drugs and a pistol in the backpack. Ledesma v. State, 251 Ga. 487, 306 S.E.2d 629 (1983), cert. Joiner v. State, 163 Ga. App. 16-11-131(b) clearly prohibited all convicted felons from possessing a firearm until the felons were pardoned from the felons' felony convictions or otherwise relieved of the disability, and no exception was made for an invalid outstanding felony conviction. 61, 635 S.E.2d 353 (2006). Hightower v. State, 278 Ga. 39, 597 S.E.2d 362 (2004). 15-11-2 and "firearm" included "handguns" under O.C.G.A. WebSec. Lee v. State, 280 Ga. 521, 630 S.E.2d 380 (2006). 16-8-41, aggravated assault under O.C.G.A. What constitutes "constructive possession" of unregistered or otherwise prohibited weapon under state law, 88 A.L.R.5th 121. denied, No. Had sufficient notice been given, the full faith and credit clause, U.S. Const. Web1 WEAPONS, 724.26 724.26 Possession, receipt, transportation, or dominion and control of firearms, offensiveweapons,andammunitionbyfelonsandothers. 16-11-131; the victims of both armed robberies, who testified as to the defendant's conduct of holding the victims up with a gun and taking cash, identified the defendant as the perpetrator, and when the officers apprehended the defendant, the defendant had a gun. 16-11-131; because the possession count was a predicate offense for the felony murder count, the prior conviction that was admitted into evidence was relevant to the felony murder count, and it was not necessary to sever the possession count. 16-11-131(b), the defendant was not entitled to a jury instruction on involuntary manslaughter under O.C.G.A. Please check official sources. 2d 122 (2008). WebThe punishment for possession of a firearm by a convicted felon is significant. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. 215, 522 S.E.2d 506 (1999); Green v. State, 244 Ga. App. (1) Felony means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military - Juvenile court erred by modifying the juvenile's disposition after determining that the disposition was void on the ground that the juvenile's conduct did not qualify as a Class-B felony because carrying a weapon in a school zone qualified as a Class-B designated felony under O.C.G.A. 17-10-7, when the state had already used that conviction in support of the charge of possession of a firearm by a convicted felon because the defendant failed to object at sentencing to the exhibit containing the conviction. It is illegal for any person who has been convicted of a felony to possess a firearm. denied, 186 Ga. App. State v. Langlands, 276 Ga. 721, 583 S.E.2d 18 (2003). WebSPRINGFIELD, Ill. A federal jury returned a guilty verdict on February 22, 2023, against Aaron Jackson, 30, of Springfield, Ill. for knowingly possessing a firearm as a convicted felon. - In a prosecution for violation of O.C.G.A. When the defendant shot a victim in the head after an argument and also shot at another victim but failed to hit the second victim, a rational trier of fact could have found beyond a reasonable doubt that the defendant was guilty of felony murder, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Web16-11-131. 94, 576 S.E.2d 71 (2003). However, because the defendant possessed all six of the long guns simultaneously, those six counts of possession of a firearm by a convicted felon involving the long guns merged for purposes of sentencing. Defendant's conviction of possession of a firearm by a convicted felon was proper because the act of any one of the conspirators involved was the act of all, and because the defendant's co-conspirator possessed a weapon, it followed that the defendant was in constructive possession of the weapon. The 2018 amendment, effective July 1, 2018, in subsection (b), inserted ", who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2," near the middle, inserted "year", and substituted "ten years" for "five years" in the middle, in the proviso, inserted "upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that", and substituted "for" for "as to" in the middle of the proviso; in paragraph (b.1), inserted "or under conditional discharge", deleted "pursuant to this Code section" following "forcible felony" near the middle, inserted "upon conviction", inserted "year" in the middle, and added the proviso; and, in subsection (f), substituted "sentenced" for "placed on probation" near the beginning, and, in the middle, inserted "or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2" and inserted "or 16-13-2, as applicable,". Up to $10,000 in fines. Tanksley v. State, 281 Ga. App. When a convicted felon is in possession of a sawed-off shotgun, two separate and distinct crimes are being committed, because a prohibited person is in possession of a prohibited weapon. 16-11-131 does not limit the number of prior felony convictions that may be considered to establish the offense. Evidence supported a defendant's conviction of possession of a firearm by a convicted felon even though the only evidence presented during the separate guilt/innocence phase on that charge was the certified copy of the defendant's indictment, guilty plea, and sentence for the felony offense of theft by taking; the jury was properly instructed that the jury was authorized to consider the evidence presented in the first guilt/innocence phase of the trial, as well as the evidence presented in the second guilt/innocence phase, in reaching the jury's verdict regarding the charge of possession of a firearm by a convicted felon. - In a prosecution of defendant for possession of a firearm by a convicted felon, introduction of evidence showing defendant had a prior criminal record was necessary to prove the charge. 16-11-131(b). Defendant's conviction for possession of a firearm by a convicted felon was supported by evidence that the defendant was present in the apartment above the defendant's mother's garage, had access to the garage at any time, and was present in the apartment almost every time probation officers visited, allowing the jury to find the defendant had access, power, and intention to exercise dominion or control over the firearm found in the apartment. 523(a)(2), 44 A.L.R. 137, 570 S.E.2d 424 (2002); Herring v. State, 277 Ga. 317, 588 S.E.2d 711 (2003); Thornton v. State, 288 Ga. App. When a victim paid defendant money the victim owed, and, after the victim paid the money, defendant told the victim that the victim was going to die anyway and shot the victim as the victim sat in a vehicle with two other people, the evidence was sufficient to allow a rational trier of fact to find defendant guilty beyond a reasonable doubt of felony murder, possession of a weapon by a convicted felon, and possession of a weapon during the commission of a felony. 492, 379 S.E.2d 199, cert. .010 Definitions for chapter. (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes 616, 386 S.E.2d 39, cert. (a) As used in this Code section, the term: (1) Felony means - In a case where the defendant shot and killed the victim during a robbery, trial counsel's performance was not deficient simply because counsel did not move to sever the firearm possession charge from the other counts of the indictment, since that charge was material to the more serious charges, including malice murder, and, thus, it was not incumbent upon the trial court to bifurcate the trial. 801, 701 S.E.2d 202 (2010). 16-11-131 was tantamount to a directed verdict, requiring reversal.