Legal Opinion

People v. Tapia

California Court of Appeal

Decided May 31, 2005No. B168657PublishedCited by 4 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

ALDRICH, J.

I. INTRODUCTION

Defendant and appellant Jesus Manuel Tapia pointed a firearm at another motorist during a traffic dispute. When officers came to Tapia’s residence the next day to investigate, they observed Tapia, who was standing on the sidewalk in front of his residence, remove a loaded handgun from his pocket and place it inside a vehicle parked in the driveway. The sidewalk where Tapia had been standing was within 1,000 feet of a high school. Tapia was convicted of possession of a firearm in a school zone, in violation of Penal Code section 626.9, 1 and assault with a…

2Cases cited33 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. United States v. LopezSupreme Court of the United States · 1995
  3. Pitchess v. Superior CourtCalifornia Supreme Court · 1974
  4. People v. RodriguezCalifornia Supreme Court · 1999
  5. People Ex Rel. Gallo v. AcunaCalifornia Supreme Court · 1997

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3Cited by4 opinions

  1. People v. YarbroughCalifornia Court of Appeal · 2008
  2. People v. StriderCalifornia Court of Appeal · 2009
  3. People v. SaleemCalifornia Court of Appeal · 2009
  4. People v. SaleemCalifornia Court of Appeal · 2009

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