People v. Heideman

Opinion

TAYLOR, P. J.

Defendant appeals from a judgment entered on a jury verdict finding him guilty of possession of a destructive device in a “specified place” (Pen. Code, § 12303.2). He contends that: l) the judgment was void on its face; 2) the court erred in instructing the jury as to the elements of Penal Code section 12303.2 and refusing his proffered instructions; 3) there was no evidence that he possessed a destructive device as he did not have the blasting caps. necessary to set off the dynamite; 4) the destruction of the dynamite by the police for reasons of public safety violated…