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California Court of Appeal

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People v. Flores, D051215

Conviction for possession of a firearm by a person prohibited from possessing a firearm, carrying a concealed firearm, carrying a loaded firearm in a public place, and resisting a peace officer is affirmed as modified where the trial court erred in requiring payment of probation costs and attorney fees as a condition of probation. In all other respects the conviction is affirmed over claims of error that: 1) the trial court failed to instruct the jury on the defenses of necessity and duress; 2) the trial court erroneously instructed the jury regarding the criminal intent required for the offense of carrying a loaded firearm; and 3) the firearm convictions violated defendant's federal constitutional right to bear arms.

Appellate Information

  • Decided 12/19/2008
  • Published 12/19/2008


  • IRION, J.


  • California Court of Appeal


  • For Appellees:
  • David Blair-Loy, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.
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