Shear

People v. Shear

Good Law
1999 Cal. App. LEXIS 317·71 Cal. App. 4th 278·83 Cal. Rptr. 2d 707·99 Daily Journal DAR 3443·99 Cal. Daily Op. Serv. 2633
Court of Appeal of CaliforniaApril 9, 1999C029415California4,057 words

Opinion

Opinion

Sims, J.

— A jury convicted defendant Mark Russell Shear of being a convicted felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1), hereafter section 12021(a)(1); all further undesignated section references are to the Penal Code) based in part on proof that he had been convicted of the felony of “aggravated assault” in Arizona in May 1989. The trial court granted probation, including 120 days in county jail or a custody alternative program.

Defendant contends that reversal is required because: (1) It was not shown beyond a reasonable doubt that the acts giving rise to his Arizona conviction would have been a crime, much less a felony, if committed in California; and (2) pursuant to the provisions of an Arizona statute, his right to possess a firearm in Arizona had been fully restored as of the date of the current offense, a “determination” by a sister state which California must honor under the full faith and credit clause of the United States Constitution (art. IV, § l).

We disagree with these contentions and shall affirm the judgment.

Facts

The Arizona conviction.

In May 1989, defendant pleaded guilty in Maricopa County (Arizona) Superior Court to aggravated…

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