Does the Defendant rely on the doctrine of possession of a firearm by the prosecution in a criminal case?

California, United States of America

The following excerpt is from People v. Gonzales, 182 Cal.Rptr.3d 294, 232 Cal.App.4th 1449 (Cal. App. 2015):

Defendant also relies on People v. Ramon (2009) 175 Cal.App.4th 843, [96 Cal.Rptr.3d 459]. Ramon, a gang member, was stopped by police in his gang's territory while driving a stolen truck. A fellow gang member was his passenger, and an unregistered firearm was found under the driver's seat. ( Id. at pp. 846847, 849, 96 Cal.Rptr.3d 459.) The prosecution's gang expert testified at trial that the stolen truck and the unregistered firearm could be used to commit gang crimes. ( Id. at p. 847, 96 Cal.Rptr.3d 459.) He offered an opinion that possession of a gun and driving of a stolen truck in gang territory therefore benefitted the gang. ( Id. at p. 848, 96 Cal.Rptr.3d 459.) The expert testified

[182 Cal.Rptr.3d 308]

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)

What is the test for establishing that a defendant has committed a criminal offence against a defendant in a criminal case? (California, United States of America)

Does a party have to complain to the Court on appeal that an instruction in a criminal case instructing a jury to convict a defendant of possessing all six firearms was "too general or incomplete"? (California, United States of America)

Is there any case law where a defendant has been found guilty of a range of criminal offences, including conspiracy to escape from jail, false imprisonment, and possession of a firearm? (California, United States of America)

Can a defendant move for acquittal on the grounds that the prosecution failed to prove a prima facie case at the close of the prosecution's case-in-chief? (California, United States of America)

Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)

Does Section 1385 of the California Criminal Code apply to a defendant in a case where there is evidence that the prosecution of defendants was inappropriate? (California, United States of America)

Can a defendant appeal against his convictions for possession of a firearm and possession of an assault weapon under section 654 of the Criminal Code? (California, United States of America)

Is there any case law where a defendant has been convicted of a charge of possession of an assault and possession of a firearm while still in custody? (California, United States of America)

How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)

Does the Defendant rely on the doctrine of possession of a firearm by the prosecution in a criminal case?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources