Alexander
People v. Alexander
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…