Is the transitory possession defense collateral to guilt?

California, United States of America


The following excerpt is from People v. Medel, E062247 (Cal. App. 2016):

Defendant asserts the transitory possession defense is not collateral to guilt because wrongful intent is an element of possession of a firearm by a felon. In People v. Jeffers (1996) 41 Cal.App.4th 917, the appellate court wrote, "Wrongful intent must be shown with regard to the possession and custody elements of the crime of being a felon in possession of a firearm. [Citation.] A person who commits a prohibited act 'through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence' has not committed a crime. [Citation.] Thus, a felon who acquires possession of a firearm through misfortune or accident, but who has no intent to exercise control or to have custody, commits the prohibited act without the required wrongful intent." (Id. at p. 922,)

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