California Court of Appeal

In a prosecution of a defendant for gang and firearm-related offenses, trial court's partial grant of defendant's section 995 motion is reversed and remanded where boostrapping is not present when, as in this case, possession of the firearm is independently punishable as a felony under another penal statute. Here, because the prosecution introduced evidence of defendant's felonious criminal conduct (felon in possession of a firearm), there was sufficient evidence of a violation of section 186.22(a) and consequently, sufficient evidence to support felony charges of possessing a concealable firearm in a motor vehicle in public and possessing a loaded firearm in public.

Appellate Information

• Decided 10/02/2012
• Published 10/02/2012

Judges

• Moore

Court

• California Court of Appeal

Counsel