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Terry Allen Lewisv.The State

CourtCourt of Appeals of Georgia
Docket No.A19A0343
DecidedMay 14, 2019
Reporter346 Ga. App. 777
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceSufficiency of the EvidenceJury InstructionsReversal
Case Summary

Terry Allen Lewis was convicted of possessing methamphetamine with intent to distribute, possessing a firearm during a crime, and possessing a firearm as a convicted felon. Police entered a vacant house after an anonymous report, and Lewis pointed a firearm at an officer before dropping it. Officers later found methamphetamine, cash, a scale, and baggies. On appeal, Lewis challenged counsel’s performance, the sufficiency of the evidence, and the jury charge. The Court of Appeals reversed only the conviction for possessing a firearm during the commission of a crime and affirmed the remaining convictions. The court concluded that the evidence did not establish the required relationship between that firearm and the charged predicate crime, while the evidence supported the drug and felon-in-possession convictions. The court also rejected the claims concerning counsel and the jury instructions, explaining that the charge adequately instructed jurors on credibility and impeachment when read as a whole. The partial reversal leaves the principal drug and firearm-status convictions intact.

Opinion

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