People v. Duran

Opinion

YEGAN, J.

The People ask that we become legal obstetricians and help deliver a newborn crime of “attempted possession of a firearm by a felon” (see Pen. Code §§ 664, 12021). We are cited to no published California case where a defendant was convicted of such a crime. We need not and do not speculate whether there can be such a crime based on a theoretical set of facts. As we shall explain, given the facts of the instant case, i.e. submitting a false application to a licensed gun dealer, crediting the People’s theory would result in the wrongful birth of a new crime. “ ‘Wise adjudication…