Flores

People v. Flores

Good Law
169 Cal. App. 4th 568·2008 Cal. App. LEXIS 2442·86 Cal. Rptr. 3d 804
Court of Appeal of CaliforniaDecember 19, 2008D051215California3,371 words

Opinion

Opinion

Irion, J.

A jury convicted Miguel Flores of possession of a firearm by a

person prohibited from possessing a firearm (Pen. Code, § 12021, subd. (c)(1)), carrying a concealed firearm (§ 12025, subd. (a)(2)), carrying a loaded firearm in a public place (§ 12031, subd. (a)(1)), and resisting a peace officer (§ 148, subd. (a)(1)). The trial court sentenced him to three years of probation.

Flores appeals, contending that his convictions must be reversed because (i) the trial court failed to instruct the jury on the defenses of necessity and duress; (ii) the trial court erroneously instructed the jury regarding the criminal intent required for the offense of carrying a loaded firearm; and (iii) the firearm convictions violate his federal constitutional right to bear arms. As discussed below, we find these contentions to be without merit.

Flores also argues that the trial court erred in requiring payment of probation costs and attorney fees as a condition of probation. We agree, as does the Attorney General, that the trial court’s probation order must be modified to delete the requirement that Flores pay probation costs and attorney fees as a condition of probation. In all other…

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