People v. Evans

Opinion

REGAN, J.

An information was filed in the superior court charging defendant with assault with a deadly weapon (Pen. Code, § 245) and possession of a firearm by a person convicted of a felony (Pen. Code, § 12021). He was also charged with a prior conviction.

After a trial by jury, defendant was convicted on the second count, possession of a firearm by a felon. The jury was divided nine to three for acquittal on the assault charge and a mistrial was declared. After sentencing, this count was dismissed in the interests of justice. He appeals from the judgment on count two.

Facts

In the early…