Rooney

Introduction

Appellant Daniel Patrick Rooney appeals from a conviction for possession of a short-barreled rifle. Appellant contends that the trial court used the wrong method to measure the rifle, and that if another method had been used, the weapon would have been over the minimum legal length.

Statement of the Case

By information filed on October 1, 1991, the Solano County District Attorney charged appellant, Daniel Patrick Rooney, with possession of a short-barreled rifle in violation of Penal Code section 12020, subdivision (c)(2)(B) (count 1) and with possession of an unregistered assault weapon under Penal Code section 12280, subdivision (b) (count 2). On November 27, 1991, the court granted the district attorney’s motion to dismiss count 2, and amend the information accordingly. Both parties waived trial by jury, and a court trial was held on December 2,1991. On December 13,1991, the trial court found appellant guilty of possessing a short-barreled firearm, i.e., a rifle with an overall length of less than 26 inches. The trial court suspended imposition of sentence on February 14,1992, and placed appellant on formal probation for three years, which required that…