Does appellant necessarily have a gun in his jacket when he shot and wounded two police officers?

California, United States of America


The following excerpt is from People v. Velasquez, B248580 (Cal. App. 2015):

produced a weapon on two separate occasions to shoot at the officers. Appellant necessarily possessed those weapons prior to committing his crimes. (See People v. Jones (2002) 103 Cal.App.4th 1139, 1147 [defendant "necessarily must have had either actual or constructive possession of the gun while riding in the car, as evidenced by his control over and use of the gun during the shooting"].) In closing, the prosecutor argued that appellant could have had the weapons hidden under his jacket when the officers first saw him, and the record does not foreclose that possibility. In short, substantial evidence supports the jury's findings that appellant illegally possessed the firearms.

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