Legal Opinion

People v. Gaitan

California Court of Appeal

Decided September 25, 2001No. E028064PublishedCited by 5 opinions

1Opinion of the Court

Opinion

RICHLI, J.

After defendant waived his right to a jury trial, the trial court found him guilty of possessing a deadly weapon, to wit, metal knuckles (Pen. Code, § 12020, subd. (a)(1)).1 As a result, defendant was sentenced to the midterm of two years in state prison. On appeal, defendant contends his conviction should be reversed because the trial court erroneously applied a strict liability standard and improperly ignored his lack of criminal intent in finding him guilty of possessing a deadly weapon. In the alternative, defendant contends his conviction should be reversed because there…

2Cases cited13 opinions

  1. People v. HoodCalifornia Supreme Court · 1969
  2. People v. WoodheadCalifornia Supreme Court · 1987
  3. People v. BirkettCalifornia Supreme Court · 1999
  4. People v. JenkinsCalifornia Supreme Court · 1995
  5. People v. GrubbCalifornia Supreme Court · 1965

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Martin Alonzo L.California Court of Appeal · 2006
  2. People v. Baugh, California Court of Appeal, 5th District2018
  3. In Re DavidCalifornia Court of Appeal · 2008
  4. People v. BaughCalifornia Court of Appeal · 2018
  5. The People v. Naranjo CA4/2California Court of Appeal · 2013

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