Anson

People v. Anson

Good Law
105 Cal. App. 4th 22·129 Cal. Rptr. 2d 124
Court of Appeal of CaliforniaJanuary 7, 2003G027960California1,536 words

Opinion

Opinion

Fybel, J.

Roger Thomas Anson appeals from a judgment of conviction for a misdemeanor violation of the Gun-Free School Zone Act of 1995 codified at Penal Code section 626.9 (all further statutory references are to the Penal Code). This court has jurisdiction because defendant was solely charged with a felony violation of section 626.9.

After defendant was arrested for indecent exposure, a police officer conducted a search of his camper. The officer found handcuffs and a loaded .380-caliber semiautomatic handgun. Defendant was convicted for misdemeanor possession of a firearm within 1,000 feet of an elementary school, in violation of section 626.9.

Defendant contends (1) the trial court erred by failing to suppress evidence from the search of the camper because the search was based on an unlawful arrest, and (2) defendant’s camper qualified as a residence excepted from the requirements of section 626.9. We affirm.

In the unpublished portion of this opinion, we hold that the trial court did not err by refusing to suppress evidence obtained by a search conducted incident to defendant’s arrest.

In the published portion of this opinion, we hold that defendant’s camper does not…

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