Does Section 12021, subdivision (a) of the California Criminal Code apply to the possession of a firearm by a convicted felon?
California, United States of America
The following excerpt is from People v. Haywood, 25 Cal.App.4th 1066, 31 Cal.Rptr.2d 794 (Cal. App. 1994):
Section 12021, subdivision (a) is violated when (1) a felon (2) knowingly (3) has possession of a firearm. Thus, a defendant's status as a felon at the time of commission of the charged offense is clearly an element of this offense. (People v. Valentine (1986) 42 Cal.3d 170, 181, 228 Cal.Rptr. 25, 720 P.2d 913.)
When the trial court here instructed the jury that: "The conviction of the crime of
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