People v. Moore

Opinion

PETERSON, J.

Appellant was convicted after a jury trial of violating Penal Code 1 section 12021, which proscribes the possession of a firearm by persons previously convicted of a felony. He contends the trial court erred when it refused to instruct the jury on what he contends is a lesser related offense, violation of section 417.2, which outlaws the brandishing of a replica firearm in a manner which induces fear of bodily harm in the victim. He also contends his trial counsel rendered ineffective assistance in improperly presenting an argument for this proposed instruction to the…