Does the fact that a defendant is a convicted felon in possession of a firearm in violation of section 12021, subdivision (a)(1) of the California Criminal Code apply?

California, United States of America


The following excerpt is from People v. Vega, B232028 (Cal. App. 2012):

Defendant's reliance on People v. Valentine (1986) 42 Cal.3d 170 is misplaced because that decision held that for purposes of proving that a defendant is a felon in possession of a firearm in violation of section 12021, subdivision (a)(1), the precise nature of the prior felony is neither relevant nor probative in proving the prior felony conviction elementthe mere fact of the prior conviction is sufficient. (Id. at pp. 181-182 ["Proposition 8 does not require the nature of prior convictions to go to the jury in such a case, since that information is utterly irrelevant to the charge."].) Here, in contrast, the trial court ruled the nature of the offense was admissible not for purposes of proving the section 12021 offense, but for proving the knowledge element of the section 12280, subdivision (b) offense.

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