What is the evidence supporting a motion to dismiss a charge of possession of a firearm?
California, United States of America
The following excerpt is from People v. Betti, C061351 (Cal. App. 9/2/2009), C061351. (Cal. App. 2009):
In sum, the evidence supports the trial court's finding that evidence essential to the successful prosecution of defendant on the gun possession was lacking at the outset and would not have been discovered through due diligence. Hence, this case comes within the exception to section 654 articulated in People v. Davis, supra, 36 Cal.4th at page 558, and the trial court correctly denied defendant's motion to dismiss the case.
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