granted certiorari to consider whether, in this case governed
by the new Evidence Code, the evidence presented at trial was
legally sufficient to prove that Kiron McKie previously was
convicted of forgery in the first degree, a felony, so as to
support his conviction for possession of a firearm by a
convicted felon. We conclude that the evidence was
sufficient, and we therefore affirm the judgment of the Court
of Appeals affirming McKie's conviction.
2014, a DeKalb County grand jury indicted McKie and Kevin Ray
McDougal for malice murder, two counts of felony murder,
aggravated assault, and attempted violation of the Georgia
Controlled Substances Act, arising out of the shooting death
of Dexter Mizelle during an attempted drug deal. McKie was
additionally charged with felony murder predicated upon
possession of a firearm by a convicted felon, possession of a
firearm by a convicted felon, and possession of a firearm in
the commission of a felony. McKie was tried before a jury in
April 2016; McDougal testified against McKie in exchange for
dismissal of the charges against him.
conclusion of the State's case, the prosecutor offered
into evidence State's Exhibit 35:
PROSECUTOR: At this time I move to tender what I've
marked as State's Exhibit 35. It's a certified
conviction of the defendant from Fulton County for the
offense of forgery in the first degree.
THE COURT: Any objection?
DEFENSE COUNSEL: No objection.
THE COURT: Admitted without objection.
PROSECUTOR: And I'm just going to show the face of that
to the jury. That's State's Exhibit 35.
exhibit as contained in the record consists of two pages: the
cover sheet of the accusation and the charge, accusing McKie
of committing forgery in the first degree. At the bottom of
the first page, the printed portion of the form states that
the defendant "waives copy of indictment, list of
witnesses, formal arraignment and pleads___Guilty." An
"X" is written in the space provided, and the
signature blocks contain signatures of McKie, his counsel,
and the assistant district attorney. No judgment of
conviction or sentence appears in the exhibit.
closing argument, McKie's trial counsel stated,
Now, of course, one of the things you're going to see in
this case is Mr. McKie, you'll have the indictment,
you'll have the certified, he got convicted of forgery
back in Fulton County some years ago. And, technically, he is
a convicted felon, and all the people are wondering, well, if
you're a convicted felon, you're not supposed to be
anywhere near a gun, which is true. Except if your status as
a convicted felon, you're not precluded from raising
justification or self-defense. That's the law.
time later, McKie's trial counsel stated, "Count 7,
possession of a firearm by a convicted felon. Yes, he's a
convicted felon, we admit that all day. It's true. But,
again, due to the circumstances of this case, we ask you to
find him not guilty."
trial court instructed the jury on circumstantial