Venegas

People v. Venegas

Good Law
1995 Cal. App. LEXIS 230·32 Cal. App. 4th 1847·39 Cal. Rptr. 2d 238·95 Daily Journal DAR 3310·95 Cal. Daily Op. Serv. 1936
Court of Appeal of CaliforniaMarch 14, 1995A063672California1,781 words

Opinion

Opinion

Stein, J.

Michael A. Venegas appeals his convictions of two counts of felony violation of Penal Code section 12280, subdivision (b) (possession of assault weapons). He contends that his convictions must be reversed because the court erred in excluding evidence that he registered weapons with the Department of Justice in March of 1993. Appellant argues this evidence would have supported an affirmative defense to the charges pursuant to section 12285, subdivision (f).

Facts

The information charged that on or about October 14, 1992, appellant possessed two assault weapons in violation of section 12280, subdivision (b). The district attorney moved to exclude evidence that after the October 14, 1992 arrest appellant had registered the weapons in March 1993, on the ground that the registration did not fall within the forgiveness period specified in section 12285, subdivision (f). Appellant stipulated that on October 14, 1992, he possessed two assault weapons, within the meaning of section 12276, an AR-15 and HK-91, and that they were not then registered. It was further stipulated that the weapons were, however, registered on March 26, 1993. Appellant also testified that he acquired the…

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