Sarber

Michael Sarber’s appeal pertains only to his 1990 conviction of possession of a concealable firearm by a convicted felon (Pen. Code, § 12021, subd. (a)). His prior conviction was for a felony escape in 1987 following a misdemeanor conviction for receiving stolen property. (§ 4532, subd. (a).) Section 4532, subdivision (a) proscribes escape (or attempted escape) by a prisoner being held for a misdemeanor; subdivision (b) proscribes escape (or attempted escape) by a prisoner being held for a felony. The sentence for an escape-related offense under the statute depends upon (1) the magnitude of the offense under the statute for which the prisoner was initially confined and (2) whether the escape was achieved by force or violence.

The last paragraph of section 4532, subdivision (a), added by amendment in 1955, pertains to escape following a misdemeanor conviction. It is the focus of the discussion here and provides:

Sarber argues this paragraph “contradicts” the language in section 12021, subdivision (a) which made it unlawful for “[a]ny person who has been convicted of a felony under the laws ... of the State of California” to possess a concealable firearm. Taken together,…