Daniels

Defendant has appealed from a judgment of conviction of possessing a firearm by a felon in violation of Penal Code, section 12021.

In 1949 defendant pleaded guilty to two counts of second degree burglary and was placed on probation; on September 21, 1950 he went into military service where he served for 21 months; on February 16, 1951 his probation was terminated and he was discharged under Penal Code, section 1203.3; his plea of “guilty” was withdrawn, a plea of “not guilty” was entered and the information was dismissed, in accordance with Penal Code, section 1203.4; this section provides that upon dismissal the defendant “shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. ’ ’

In 1952 and 1954 defendant acquired pistols which were registered according to legal requirements. On July 21, 1962, he purchased a revolver in Barstow; this gun was registered that day and he waited six days before taking delivery. The Penal Code required a three-day waiting period for delivery after purchase (Pen. Code, § 12072); also written notice mailed on the day of sale to the State Bureau of Criminal Identification…