People v. Holland CA3

DISCUSSION

I Defendant contends there is insufficient evidence that he knew the AK-47 was an illegal assault weapon. Former section 12280, subdivision (b) provides, in pertinent part: “Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment in the state prison.”2 An assault weapon is defined as including “[a]ll AK series including, but not limited to . . . [¶] . . . AK47” (former § 12276, subd. (a)(1)(A))3 and “[a] semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine” and a thumbhole stock, folding or telescoping stock, grenade or flare launcher, flash suppressor, or forward pistol grip (former § 12276.1, subd. (a)(1)(A)-(F)).4 “In a prosecution under section 12280[, subdivision] (b), that is to say, the People bear the burden of proving the defendant knew or reasonably should have known the firearm possessed the characteristics bringing it within the” statutory definition of proscribed assault weapon. (In re Jorge M. (2000) 23 Cal. 4th 866, 887 (Jorge M.), italics omitted.)

2 After defendant’s…