Billen v. State

Court of Appeals of Georgia

Billen v. State

318 S.E.2d 204, 170 Ga. App. 749, 1984 Ga. App. LEXIS 2919

CourtCourt of Appeals of Georgia

DecidedApril 27, 1984

Docket68367

StatusPublished

This text of 318 S.E.2d 204 (Billen v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Billen v. State, 318 S.E.2d 204, 170 Ga. App. 749, 1984 Ga. App. LEXIS 2919 (Ga. Ct. App. 1984).

Pincite

Opinion

Deen, Presiding Judge.

David Billen was convicted on charges of burglary, possession of a firearm by a convicted felon, and giving false information to a police officer. He appeals from this judgment, enumerating as error the sufficiency of the evidence to support a conviction and the allegedly improper placing of his character in issue at trial.

After a thorough examination of the entire record, including the trial transcript, we find that there was ample evidence adduced at trial, both direct and circumstantial, to authorize a rational trier of fact to find appellant guilty as charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Crawford v. State, 245 Ga. 89 (263 SE2d 131) (1980).

Moreover, the transcript lends no support to appellant’s allegation that his character was impermissibly placed in issue. To prove the necessary elements of the charge of possession of a firearm by a convicted felon, the state at the close of its case entered into evidence the shotgun found in appellant’s automobile, together with certified copies of appellant’s guilty pleas to prior burglary charges. That his character was incidentally placed in issue is of no legal significance. The introduction of otherwise admissible, relevant, and competent evidence which may incidentally place a defendant’s character in issue does not constitute reversible error. Sims v. State, 165 Ga. App. 881 (303 SE2d 60) (1983); Stephens v. State, 144 Ga. App. 779 (242 SE2d 371) (1978). See also Walls v. State, 166 Ga. App. 503 (304 SE2d 547) (1983); Arnold v. State, 166 Ga. App. 313 (304 SE2d 118) (1983).

We find appellant’s enumerations without merit.

Judgment affirmed.

McMurray, C. J., and Sognier, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Deen, Presiding Judge.

David Billen was convicted on charges of burglary, possession of a firearm by a convicted felon, and giving false information to a police officer. He appeals from this judgment, enumerating as error the sufficiency of the evidence to support a conviction and the allegedly improper placing of his character in issue at trial.

After a thorough examination of the entire record, including the trial transcript, we find that there was ample evidence adduced at trial, both direct and circumstantial, to authorize a rational trier of fact to find appellant guilty as charged beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); Crawford v. State, 245 Ga. 89 (263 SE2d 131) (1980).

Moreover, the transcript lends no support to appellant’s allegation that his character was impermissibly placed in issue. To prove the necessary elements of the charge of possession of a firearm by a convicted felon, the state at the close of its case entered into evidence the shotgun found in appellant’s automobile, together with certified copies of appellant’s guilty pleas to prior burglary charges. That his character was incidentally placed in issue is of no legal significance. The introduction of otherwise admissible, relevant, and competent evidence which may incidentally place a defendant’s character in issue does not constitute reversible error. Sims v. State, 165 Ga. App. 881 (303 SE2d 60) (1983); Stephens v. State, 144 Ga. App. 779 (242 SE2d 371) (1978). See also Walls v. State, 166 Ga. App. 503 (304 SE2d 547) (1983); Arnold v. State, 166 Ga. App. 313 (304 SE2d 118) (1983).

We find appellant’s enumerations without merit.

Judgment affirmed.

McMurray, C. J., and Sognier, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

318 S.E.2d 204, 170 Ga. App. 749, 1984 Ga. App. LEXIS 2919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billen-v-state-gactapp-1984.

Opinion

Related

Cite This Page — Counsel Stack