What is the test for a conviction on count 2 of a charge of possession of a firearm with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Young, F067277 (Cal. App. 2015):
We recognize we are required to consider the evidence as a whole. Taken together and viewed in the light most favorable to the prosecution, however, the evidence here establishes defendant knew his possession of the gun was unlawful, but produces nothing more than speculative inferences concerning his knowledge the gun was stolen. "'[S]peculation is not evidence, less still substantial evidence.'" (People v. Waidla (2000) 22 Cal.4th 690, 735.)
The conviction on count 2 must be reversed.
Page 16
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
