California Court of Appeal

Conviction of defendant for permitting a person to carry a loaded firearm in a vehicle, Penal Code section 26100(a), is reversed and the case is remanded for a new trial, where section 26100(a) requires proof that the defendant knew the firearm was loaded, and although the prosecution presented sufficient evidence to prove this element of the offense, the trial court prejudicially erred by failing to instruct the jury that the prosecution was required to prove this fact.

Appellate Information

• Decided 01/13/2015
• Published 01/13/2015

Judges

• Mihara

Court

• California Court of Appeal

Counsel