In what circumstances will a defendant be found guilty of a charge of possession of a firearm with intent to commit a felony?

California, United States of America

The following excerpt is from People v. Garrett, 203 Cal.Rptr.3d 369, 248 Cal.App.4th 82 (Cal. App. 2016):

² Although the complaint alleged defendant intended to commit larceny and any felony, we note that courts commonly interpret allegations phrased in the conjunctive to be alleged in the disjunctive language of the underlying statute. (See People v. Moussabeck (2007) 157 Cal.App.4th 975, 981982, 68 Cal.Rptr.3d 877.)
² Although the complaint alleged defendant intended to commit larceny and any felony, we note that courts commonly interpret allegations phrased in the conjunctive to be alleged in the disjunctive language of the underlying statute. (See People v. Moussabeck (2007) 157 Cal.App.4th 975, 981982, 68 Cal.Rptr.3d 877.)

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