Legal Opinion

People v. Kirk

California Court of Appeal

Decided May 31, 1989No. C001376PublishedCited by 13 opinions

1Opinion of the Court

Opinion

SIMS, J.

Did defendant’s possession at the same time and place of two sawed-off shotguns constitute two separate violations of former Penal Code section 12020, subdivision (a)? We hold it did not, so that one of defendant’s two convictions of that offense must be reversed. (All further statutory references to sections of an undesignated code are to the Penal Code.)

A jury convicted defendant Larry Wilbur Kirk of first degree burglary as charged in counts I and II of the information (§§ 459, 460), illegal possession of a sawed-off shotgun as charged in count III (former § 12020, subd.…

2Cases cited26 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. People v. AndersonCalifornia Supreme Court · 1987
  3. Dunn v. United StatesSupreme Court of the United States · 1979
  4. Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
  5. People v. LyonsCalifornia Supreme Court · 1958

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

3Cited by13 opinions

  1. People v. CorreaCalifornia Supreme Court · 2012
  2. People v. CarterIllinois Supreme Court · 2004
  3. People v. MacKabeeCalifornia Court of Appeal · 1989
  4. People v. RouserCalifornia Court of Appeal · 1997
  5. People v. ValenzuelaCalifornia Court of Appeal · 2012

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

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