Legal Opinion

Pearson v. State

Court of Appeals of Georgia

Decided January 9, 2004No. A03A0090Published

1Opinion of the Court

ELDRIDGE, Judge.

By opinion dated November 17, 2003, Case No. S03G0564, the Supreme Court of Georgia reversed this Court’s opinion in the above-captioned case, Pearson v. State, 258 Ga. App. 651 (574 SE2d 820) (2002), with regard to ten indicted counts of possession of a firearm during the commission of a felony. Based on the notion that the “unit of prosecution” upon which the legislature intended to focus related to the victim rather than the felony being committed with the firearm, the Supreme Court held:

In Pearson, the Court of Appeals permitted ten possession offenses simply because there…

2Cases cited2 opinions

  1. State v. MarloweSupreme Court of Georgia · 2003
  2. Pearson v. StateCourt of Appeals of Georgia · 2003

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