Simpson v. State
| Decision Date | 04 May 1994 |
| Docket Number | No. A94A0987,A94A0987 |
| Parties | SIMPSON v. The STATE. |
| Court | Georgia Court of Appeals |
Starling & Starling, Melissa J. Starling, Douglas, for appellant.
H. Donnie Dixon, Jr., Dist. Atty., Brenda L. Mullis, Asst. Dist. Atty., for appellee.
Appellant, Mitchell Simpson, was convicted under OCGA § 16-11-131 of two counts of possession of a firearm by a convicted felon brought under separate indictments. On appeal, Simpson contends the trial court erred in denying his motion for a directed verdict of acquittal, admitting a copy of a pawn ticket into evidence, and instructing the jury on constructive possession.
1. OCGA § 16-11-131(b) provides in part: "Any person ... who has been convicted of a felony by a court of this state ... and who ... possesses ... any firearm commits a felony." Simpson does not dispute that on March 28, 1986, he was convicted of a felony violation of the Georgia Controlled Substances Act. Rather, Simpson moved for directed verdict of acquittal stating that the State failed to prove that he had actual possession of the two firearms alleged in the indictments.
One indictment alleged Simpson's possession of a .12 gauge shotgun on July 10 and August 24, 1992. At trial, Roy White testified that on July 10, 1992, Simpson completed and signed the required paperwork and redeemed the shotgun from his pawnshop. White further testified that on August 24, 1992, Simpson pawned the shotgun and signed a pawn ticket, representing that the gun belonged to him. On cross-examination, he could not remember whether anyone accompanied Simpson on August 24, 1992, or whether Simpson himself handled the gun on either occasion. However, he did testify that it is his normal redemption procedure to give an item to whomever redeems it and that on July 10, 1992, Simpson had redeemed the shotgun.
Simpson's brother testified that he had kept the shotgun in question at his residence until July 1992, when Simpson called him and told him to meet him at the pawnshop with the gun. Simpson's brother testified that he took the gun to the pawnshop as instructed, laid it on the counter, and that Simpson pawned it. He further testified that he did not recall ever returning to the pawnshop with Simpson and specifically stated he never went to the pawnshop with Simpson to get the gun out of pawn. Simpson himself, however, testified that he had pawned the shotgun several times while it was kept by his brother and that each time the gun was pawned or redeemed, his brother would transport it to and from the pawnshop.
" ' "A directed verdict of acquittal is authorized only where there is no evidence to support a verdict to the contrary." ' " Mathis v. State, 204 Ga.App. 896, 898(1), 420 S.E.2d 788 (1992). In the instant case, there was evidence from which the jury was authorized to find that Simpson possessed the shotgun, and the trial court properly denied the motion for directed verdict with regard to that count.
We reject Simpson's contention that the evidence was insufficient because it failed to establish his actual possession of the shotgun. (Citations and punctuation omitted.) Ancrum v. State, 197 Ga.App. 819, 822(2), 399 S.E.2d 574 (1990). The evidence in this case showed that Simpson exercised dominion and control over the shotgun even if his brother participated in the pawn transactions.
The second indictment charged Simpson with possession of a nine millimeter pistol on February 10, 1993. At trial, Scott Taylor testified that on that date Simpson signed the necessary paperwork and pawned the pistol at his pawnshop. Taylor specifically testified...
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