Opinion
A94A0184.
DECIDED MARCH 9, 1994.
Possession of firearm by felon. Grady Superior Court. Before Judge Chason.
Robert Culpepper III, for appellant.
J. Brown Moseley, District Attorney, Robert R. Auman, Assistant District Attorney, for appellee.
Via indictment, defendant was charged with aggravated assault and possession of a firearm during the commission of a crime. He was acquitted on the aggravated assault charge and convicted on the possession of a firearm charge. His motion for a new trial was denied and he appealed. In his sole enumeration of error, defendant asserts his acquittal on the aggravated assault charge demands a reversal of his conviction on the possession of a firearm charge. We disagree. Held:
"While it may be difficult to reconcile the conviction of defendant with the . . . jury's verdict acquitting defendant of the [aggravated assault charge], we note that the inconsistent verdict rule was abolished in Milam v. State, 255 Ga. 560, 562 (2) ( 341 S.E.2d 216). See also Allen v. State, 203 Ga. App. 359 ( 416 S.E.2d 869). The evidence at trial must be viewed in the light most favorable to upholding the verdict of the jury. Since there is ample evidence that defendant [used a firearm in the commission of a crime], a rational trier of fact was authorized to conclude that defendant was guilty beyond a reasonable doubt of the offense of possession of a firearm [during the commission of a crime]. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Dorsey v. State, 206 Ga. App. 709, 715 (7) ( 426 S.E.2d 224)." Garcia v. State, 208 Ga. App. 808 ( 432 S.E.2d 122). See United States v. Powell, 469 U.S. 57 ( 105 SC 471, 83 L.Ed.2d 461) (1984).
Judgment affirmed. Pope, C. J., and Smith, J., concur.