Perry

People v. Perry

Good Law
116 Cal. Rptr. 853·1974 Cal. App. LEXIS 1238·42 Cal. App. 3d 451
Court of Appeal of CaliforniaOctober 11, 1974Crim. 6689California3,110 words

Opinion

Opinion

Whelan, J.

Calvin Perry, defendant, has appealed from a judgment imposing concurrent sentences to prison after a jury had found him guilty of possessing a sawed-off rifle (Pen. Code, § 12020) and of being in possession of a concealable firearm after he had previously been convicted of a felony (Pen. Code, § 12021). The judgment also imposed a jail sentence, execution of which was suspended, for a violation of Penal Code section 417, brandishing a firearm in a rude, angry and threatening manner.

The same jury, by two separate verdicts, found to be true the allegations of the information that defendant had been convicted of robbery in 1967 and of a violation of Penal Code section 12021 in 1971.

Defendant has not argued the evidence was insufficient to support the verdicts as to the substantive crimes charged, and the record is abundantly sufficient in that regard.

It appears, however, that the evidence presented to prove the allegation of a conviction in 1971 of a violation of Penal Code section 12021 showed on its face defendant had received a jail sentence of 90 days for that violation.

That evidence was a certified copy of the minutes of the superior court of June 15, 1971. The…

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