California, United States of America
The following excerpt is from People v. Main, F071629 (Cal. App. 2017):
The felon-in-possession-of-a-firearm statute, section 29800, subdivision (a)(1), provides in relevant part: "[a]ny person who has been convicted of a felony ... and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony." To prove a defendant guilty of this offense, the prosecution must establish, beyond a reasonable doubt, that the defendant (1) owned or possessed a firearm; (2) knew that he owned or possessed the firearm; and (3) had previously been convicted of a felony. (People v. Osuna (2014) 225 Cal.App.4th 1020, 1029 [citing the predecessor statute, former 12021, subd. (a)(1)]; CALCRIM No. 2511.)
To the extent the prosecution's theory was that Main possessed the gun, the applicable elements were physical or constructive possession coupled with knowledge of its presence. (People v. White (2014) 223 Cal.App.4th 512, 524.) "'To establish constructive possession, the prosecution must prove a defendant knowingly exercised a right to control the prohibited item, either directly or through another person.'" (Ibid.) "Possession may be shared with others" but "mere proximity to the weapon, standing alone, is not sufficient evidence of possession." (People v. Sifuentes (2011) 195 Cal.App.4th 1410, 1417.) "The elements of unlawful possession may be established by
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circumstantial evidence and any reasonable inferences drawn from such evidence." (People v. Williams (1971) 5 Cal.3d 211, 215.)
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