In what circumstances will a defendant be found guilty of possession of a firearm under the Mental Health Act?

California, United States of America


The following excerpt is from People v. Smith, B277237 (Cal. App. 2017):

In People v. Smith (February 26, 1997, B098829 [nonpub. opn.]), we affirmed defendant's current conviction and described the following underlying facts: On April 1, 1995, police made a traffic stop of a car driven by defendant. As they prepared to conduct a pat-down search of defendant, he spun away, causing a gun in his possession to fall to the ground.

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