People v. Shear

Opinion

SIMS, Acting P. J.

— A jury convicted defendant Mark Russell Shear of being a convicted felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1), hereafter section 12021(a)(1); all further undesignated section references are to the Penal Code) based in part on proof that he had been convicted of the felony of “aggravated assault” in Arizona in May 1989. The trial court granted probation, including 120 days in county jail or a custody alternative program.

Defendant contends that reversal is required because: (1) It was not shown beyond a reasonable doubt that the acts giving…