California, United States of America
The following excerpt is from People v. Devoy, C080547 (Cal. App. 2018):
On appeal, we review the instructions as a whole to determine de novo whether the trial court fully and fairly instructed on the applicable law. (People v. Burney (2009) 47 Cal.4th 203, 246.) The trial court may properly refuse an instruction if it is argumentative, duplicative, or potentially confusing. (Ibid.)
Any person convicted of a felony who "owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony." ( 29800.) Possession may be actual or constructive, and constructive possession is established if the defendant knowingly exercised a right to control the gun either directly or through another. (People v. White (2014) 223 Cal.App.4th 512, 524.)
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