Farrier v. State, 273 Ga. 302

540 S.E.2d 596 (2001) · Supreme Court of Georgia · January 8, 2001 · No. No. S00A1526

Summary

The Supreme Court of Georgia affirmed Kent Farrier’s convictions for malice murder, unlawful possession of a firearm, and possession of a firearm by a first offender probationer. The court rejected challenges to the sufficiency of the evidence, jury instructions, and denial of a new trial based on ineffective assistance of counsel.

Holdings

  1. The evidence was sufficient to authorize a rational trier of fact to find Farrier guilty beyond a reasonable doubt of the offenses for which he was convicted.
  2. Any error in the instruction on possession of a firearm by a first offender probationer as a predicate offense for felony murder was moot because Farrier was convicted of malice murder and acquitted of the felony-murder count predicated on that possession offense.
  3. Because possession of the sawed-off shotgun was a necessary element of the unlawful-possession count, instructing the jury on both actual and constructive possession was appropriate.
  4. The trial court's jury charge, considered as a whole, was neither confusing nor misleading and provided full and fair instruction on the issues in the case.
  5. Trial counsel was not ineffective for failing to reserve objections to the jury charges because the trial court expressly noted on the record that all objections to the charge would be reserved.
  6. Trial counsel was not ineffective for failing to seek severance of the possession-of-a-firearm-by-a-first-offender-probationer charge because severance was not authorized where that charge was material to a felony-murder charge.

Questions Presented

  1. Whether the evidence was sufficient to support Farrier's convictions for malice murder, unlawful possession of a firearm, and possession of a firearm by a first offender probationer.
  2. Whether the trial court's instruction on possession of a firearm by a first offender probationer as a predicate for felony murder was erroneous.
  3. Whether the trial court properly instructed the jury on actual and constructive possession.
  4. Whether the jury charge as a whole was confusing or misleading.
  5. Whether trial counsel was ineffective for failing to reserve objections to the jury charges and for failing to seek severance of the firearm-possession charge.

Disposition

affirmed

Cases Cited (8)

  • Adams v. State, 264 Ga. 71(2), 440 S.E.2d 639 (1994)(followed)
  • Laney v. State, 271 Ga. 194(1), 515 S.E.2d 610 (1999)(followed)
  • Anderson v. State, 237 Ga. App. 595(3), 516 S.E.2d 315 (1999)(followed)
  • Spencer v. State, 268 Ga. 85(4), 485 S.E.2d 477 (1997)(followed)
  • Waugh v. State, 218 Ga. App. 301(4), 460 S.E.2d 871 (1995)(followed)
  • Weems v. State, 267 Ga. 182(3), 476 S.E.2d 585 (1996)(followed)
  • Gaines v. Sikes, 272 Ga. 123(2), 526 S.E.2d 558 (2000)(followed)
  • Roundtree v. State, 270 Ga. 504(3), 511 S.E.2d 190 (1999)(followed)

Cited In (0)

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