Alexander

People v. Alexander

Good Law
Court of Appeal of CaliforniaMay 11, 2023E078846California2,841 words

Opinion

Opinion

BACKGROUND

In 2021, a jury convicted Alexander of being a felon in possession of a firearm and

ammunition. (Pen. Code, § 29800, subd. (a)(1) (§ 29800(a)(1)); Pen. Code, § 30305,

subd. (a)(1) (§ 30305(a)(1)); unlabeled statutory references are to this code.) Alexander

admitted before trial that he was convicted in 2006 of attempted murder. The jury was

told that he stipulated to having been previously convicted of a felony. In a bifurcated

trial, the trial court found that Alexander had suffered one prior strike conviction.

(§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The court sentenced Alexander to two

years and eight months in state prison.

DISCUSSION

Alexander argues that section 29800(a)(1) and section 30305(a)(1) are facially

invalid under the Second Amendment because they violate his “Second Amendment right

to bear arms in self-defense under the new standard of review in Bruen,” supra, 142 S.Ct.

2111. We are not persuaded.

2 A. Standard of Review

In analyzing a facial challenge to the constitutionality of a statute, we consider

“only the text of the measure itself, not its application to the particular circumstances of

an individual.” (Tobe v. City of…

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