In what circumstances will the court uphold a conviction for being a felon in possession of both a firearm and ammunition?

California, United States of America


The following excerpt is from People v. Bateman, E062642 (Cal. App. 2016):

In Hicks, the defendant had five .380-caliber bullets on his person. This resulted in a subsequent search of the defendant's apartment. There, the police found a backpack containing a loaded .380 pistol, which the defendant disclaimed ownership of. (People v. Hicks, supra, 231 Cal.App.4th at pp. 280-281.) The court found sufficient evidence to support the conviction for being a felon in possession of both a firearm and ammunition because the contraband was found in the defendant's apartment and was immediately accessible to the defendant, and were therefore under his dominion and control. (Id. at p. 284.)

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