Cove

A jury found defendant guilty of violating Penal Code section 12021, which prohibits possession of a pistol by any person who has been convicted of a felony. He was sentenced to state prison and appeals from the judgment.

Mrs. Mary Jane Taylor lived in an apartment above the apartment occupied by defendant. At approximately 3:30 a.m. on a Sunday morning, Mrs. Taylor was awakened by a knock on her door. When she went to the door, no one was there, but she saw a person (whom she later identified as defendant) walking down the stairs. She had just returned to bed when she heard another knock. She answered the door, leaving the night chain on. Defendant was at the door again and asked her why she was making so much noise. Mrs. Taylor released the night chain and opened the door, telling defendant that all the noise was coming from his apartment and that any further disturbance would cause her to call the police. Defendant then pulled a pistol out of the waistband of his trousers and pointed it at Mrs. Taylor. She slammed the door and her husband called the police.

Officers Lyons and French of the Sacramento Police Department received a radio call instructing them to investigate a…