California Court of Appeal

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People v. Saleem, B204646

Defendant's conviction for possession of body armor by a person previously convicted of a violent felony, with prior serious felony and prior prison term findings, is reversed where: 1) Penal Code section 12370 must be construed to contain a knowledge element and the prosecution had to prove that defendant knew, or reasonably should have known, the body vest in his possession had characteristics making it illegal under section 12370; and 2) section 12370 is unconstitutionally void for vagueness because it does not provide fair notice of which protective body vests constitute the body armor made illegal by the statute.

Appellate Information

  • Decided 12/17/2009
  • Published 12/17/2009

Judges

  • KLEIN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Gerald Peters, Agoura Hills, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.
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