Mills

A jury convicted defendant Mills of possession of a firearm by a convicted felon in violation of Penal Code section 12021, subdivision (a). He appeals contending that (1) the 1990 amendment to Penal Code section 12021, subdivision (a) is an ex post facto law as to him, and (2) his conviction should be reversed on due process and equal protection grounds because he was not actually personally notified of the amendment to the law, while persons actively on probation were notified.

*1282 Facts

The relevant facts are simple and undisputed. On July 6, 1981, defendant was convicted of possession of marijuana for sale, a felony. (Health & Saf. Code, § 11359.) He was placed on probation for five years.

At the time of defendant’s 1981 conviction, Penal Code section 12021, subdivision (a) read as follows: “Any person who has been convicted of a felony under the laws of . . . California . . . who owns or has in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a public offense . . . .” (Italics added.)

In 1989, Penal Code section 12021, subdivision (a) was amended, effective January 1,…

I concur in the majority’s analysis and rejection of defendant’s due process and equal protection of the law challenges to the application of Penal Code section 12021, subdivision (a) in this case. 1 However, I respectfully dissent from the majority’s discussion and conclusion concerning the effect of the constitutional prohibition against ex post facto laws on the application of section 12021(a) in this case. I would reverse the judgment entered below because, in my view, the amendment to section 12021(a) which became effective on January 1, 1990—that is, the expanded scope of the section which now encompasses the possession of nonconcealable firearms by convicted felons—can be applied validly only to those who have suffered a prior felony conviction for an offense which was committed on or after January 1, 1990. As to those whose only prior felony convictions relate to criminal offenses committed prior to January 1, 1990, such as defendant herein, application of the 1990 amendment to section 12021(a) violates the constitutional proscription against ex post facto laws and is therefore void to the extent of such application.

*1292 Facts

The majority has simply and fairly stated…

HOLLENHORST, Acting P.J.

A jury convicted defendant Mills of possession of a firearm by a convicted felon in violation of Penal Code section 12021, subdivision (a). He appeals contending that (1) the 1990 amendment to Penal Code section 12021, subdivision (a) is an ex post facto law as to him, and (2) his conviction should be reversed on due process and equal protection grounds because he was not actually personally notified of the amendment to the law, while persons actively on probation were notified.

The relevant facts are simple and undisputed. On July 6, 1981, defendant was convicted of possession of marijuana for sale, a felony. (Health & Saf. Code, § 11359.) He was placed on probation for five years.

At the time of defendant's 1981 conviction, Penal Code section 12021, subdivision (a) read as follows: "Any person who has been convicted of a felony under the laws of ... California ... who owns or has in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person is guilty of a public offense...." (Italics added.)

In 1989, Penal Code section 12021, subdivision (a) was amended, effective January…