Does a jury need to convict a felon in possession of a firearm under a moving van?

California, United States of America


The following excerpt is from People v. Brown, G050211 (Cal. App. 2015):

Further, even if there were any room to dispute whether defendant was the person who placed the gun under the van - and we are aware of none - the jury's conclusion he possessed that gun is sufficient to establish he was aware it was there. (People v. Snyder (1982) 32 Cal.3d. 590, 592 [defendant's knowledge of the gun is an element of the crime of being a felon in possession].) Given that knowledge, defendant's act of crouching next to the van where the gun was hidden, during his flight from the police, establishes arming.

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