Coates v. State

818 S.E.2d 622, 304 Ga. 329
Supreme Court of Georgia·Decided August 27, 2018·No. S17G1949·Published·Cited by 30 cases

Opinion

Hunstein, Justice.

**329Appellant Hubert Coates was convicted of, inter alia, four counts of possession of a firearm by a convicted felon and was sentenced on each count.1 Coates appealed; the Court of Appeals affirmed his **330convictions and sentences, concluding that OCGA § 16-11-131 (b) (2014)2 permits a defendant to be separately convicted and sentenced for each of the multiple firearms in his possession. See Coates v. State, 342 Ga. App. 148, 802 S.E.2d 65 (2017). We granted certiorari in this case to consider the Court of Appeals' holding, and, for the reasons discussed below, we reverse that judgment, vacate Coates' convictions and sentences, and remand the case with direction. *624Where, as here, we are presented with the question of whether a single course of conduct can result in multiple convictions and sentences under the same statute, the doctrine of substantive double jeopardy is implicated, and the "unit of prosecution," or the precise act criminalized by the statute, must be identified. See State v. Marlowe, 277 Ga. 383 (1), 589 S.E.2d 69 (2003). The Double Jeopardy Clause imposes few limits upon the legislature's power to define offenses. "Whether a particular course of conduct involves one or more distinct 'offenses' under the statute depends on this [legislative] choice." Sanabria v. United States, 437 U.S. 54, 70, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) ; see also OCGA § 16-1-4 ("No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state."). As we have said numerous times, the text of the statute itself best reflects that legislative choice.

Our analysis turns on the proper interpretation of OCGA § 16-11-131 (b) (2014) which states, in relevant part, as follows: "Any person ... who has been convicted of a felony by a court of this state ... and who receives, possesses, or transports any firearm commits a felony, and upon conviction thereof, shall be imprisoned for not less than one nor more than five years[.]" Id. When we construe such statutory authority on appeal, our review is de novo. Hankla v. Postell, 293 Ga. 692, 693, 749 S.E.2d 726 (2013). In determining the appropriate unit of prosecution under this statute,

we apply the fundamental rules of statutory construction that require us to construe the statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage. We must also seek to effectuate the intent of the Georgia legislature. OCGA § 1-3-1 (a). In this regard, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole.

**331(Citation omitted.) In re Estate of Gladstone, 303 Ga. 547, 549, 814 S.E.2d 1 (2018). As a criminal statute, OCGA § 16-11-131 (b) (2014) must be strictly construed against the State. Pope v. State, 301 Ga. 528, 530, 801 S.E.2d 830 (2017). So we turn first to the text itself.

The parties' arguments, as well as the opinion of the Court of Appeals, focus in large part on the phrase "any firearm." While we agree that this term is important, this phrase must be read concomitantly with the remainder of the statute so to avoid rendering any portion of the statute meaningless. Looking at the phrase "any firearm" (for now), "any" can refer to both the quantity and the quality of the noun it precedes. See Webster's New World Dictionary of the American Language (2nd college ed. 1980) (defining "any" as "some, no matter how much or how little, how many , or what kind ") (emphasis supplied). However, subsection (a) of the statute defines "firearm" as "any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge." (Emphasis supplied.) OCGA § 16-11-131 (a) (2014). As such, "any," as used in subsection (b), does not refer to the kind of firearm. Rather, "any," as used in that subsection, must be understood in the quantitative sense; in this context, the word "does not imply a specific quantity; the quantity is without limit. " Gerald Nelson & Sidney Greenbaum, An Introduction to English Grammar 58 (4th ed. 2016) (emphasis supplied). In short, the phrase "any firearm," as used in the statute under consideration, indicates that the quantity of firearms, whether one or many, is inconsequential.

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Coates v. State, 818 S.E.2d 622, 304 Ga. 329 (Ga. 2018).

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