Newt

INTRODUCTION

Defendant Robert Antoine-Deshawn Newt appeals his felony conviction of receiving a large-capacity magazine (Pen. Code, § 32310, subd. (a)). 1 He advances three claims on appeal: no substantial evidence supports the conviction; the jury was erroneously instructed on the crime; and the statute is unconstitutional. His first two claims turn on the statute’s use of the terms “receives” and “possesses.” Subdivision (a) of section 32310 provides that any person who “receives” a large-capacity magazine commits a crime punishable as a felony or misdemeanor. Subdivision (c) provides that any person who “possesses” a large-capacity magazine also commits a crime, but such crime is punishable only as a misdemeanor or infraction. (§ 32310, subd. (c).)

All further statutory references are to the Penal Code unless

otherwise indicated.

1 Defendant acknowledges the prosecution presented evidence that he “possessed” a large-capacity magazine—namely, that an assault rifle with a large-capacity magazine was found on the front seat of the car he was driving while he attempted to avoid a traffic stop and from which he subsequently fled. However, he maintains the prosecution presented…