Is there any case law where a jury was instructed to convict a defendant of possessing an assault weapon?
California, United States of America
The following excerpt is from People v. Murillo, B275684 (Cal. App. 2018):
As the People concede, the trial court in this case committed instructional error when it instructed the jury that "[a] pattern of criminal gang activity" could be established by showing "[t]he commission [of] possession of [an] assault weapon and murder." Murder is a statutorily enumerated predicate offense ( 186.22, subd. (e)(3)), but possession of an assault weapon is not (People v. Fiu (2008) 165 Cal.App.4th 360, 387).
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