Howard

People v. Howard

Good Law
133 Cal. Rptr. 689·1976 Cal. App. LEXIS 2008·63 Cal. App. 3d 249
Court of Appeal of CaliforniaOctober 29, 1976Crim. 28221California2,207 words

Opinion

Opinion

Cobey, J.

Kenneth Leroy Howard appeals from a judgment of conviction of possession of a concealable firearm by a convicted felon. (Pen. Code, § 12021.) The appeal lies. (Pen. Code, § 1237, subd. 1.)

Appellant Howard contends that: (1) the police violated his constitutional rights when they illegally entered his apartment building through a locked security entrance; (2) they searched his apartment without his consent; and (3) they seized the guns they found in his apartment unconstitutionally. Each of these contentions is without merit.

Appellant’s remaining arguments concern Penal Code section 12021. He urges that the section requires knowledge on the part of the convicted felon of his status and of the prohibition against possession of a firearm and that no proof of such knowledge was introduced at his trial. Alternatively, appellant argues that Penal Code section 12021 is unconstitutional if it is interpreted not to require such knowledge on the part of a defendant-felon. Both of these arguments also lack merit. We will therefore affirm the judgment of conviction.

Statement of Facts

On the afternoon of March 17, 1975, Los Angeles police officers went to an apartment building…

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