What evidence exists to support a conviction for a sawed-off rifle violation under section 12020 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Hays, 147 Cal.App.3d 534, 195 Cal.Rptr. 252 (Cal. App. 1983):

Here there was no evidence of an antecedent possession of the sawed-off rifle. The evidence shows only a possession in conjunction with the primary (greater) offenses. The evidence does not show a possession at any other time or for any other purpose. (People v. Jurado, 25 Cal.App.3d 1027, 1033, 102 Cal.Rptr. 498, and cases cited.) For this reason the sentence[147 Cal.App.3d 553] imposed for the section 12020, subdivision (a), violation must be vacated.

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