People v. Leisure CA3

Good Law
Court of Appeal of CaliforniaJuly 11, 2014C072770California497 words

Opinion

Opinion

DISCUSSION

Defendant’s sole contention on appeal is there was not substantial evidence to support her convictions for being a felon in possession of firearms and ammunition. In particular, she argues there was insufficient evidence that she knowingly and intentionally possessed the firearms and ammunition. “On appeal, we review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence--that is, evidence that is reasonable, credible, and of solid value--from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] In cases in which the People rely primarily on circumstantial evidence, the standard of review is the same.” (People v. Thomas (1992) 2 Cal.4th 489, 514.)

3 Criminal liability for possession may be based upon either actual or constructive possession. (People v. Thomas (2012) 53 Cal.4th 1276, 1284.) Actual or constructive possession includes the right to exercise dominion and control over the object, or the right to exercise dominion and control over the place where the object is found. (People v. Busch (2010) 187 Cal.App.4th 150, 161.) Possession need not be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.