If a Jury Finds that the Criminal Defendant did Not Commit Murder and Robbery by Use of a Firearm, then the Criminal Defendant Can Not be Later Found Guilty of Possession of a Firearm
Recently, the California Court of Appeal held that a defendant who was found not guilty of murder, attempted robbery, kidnapping by a jury could not later be found guilty of being in possession of a firearm.
Two years ago, three men entered a home in an attempt to rob it and one of them shot and killed a man in the home. The defendant was charged with murder, attempted robbery, kidnapping and being a felon in possession of a firearm. The defendant was able to sever the firearm charge from the others and went to trial on the other charges.
The jury determined that the defendant was not guilty beyond a reasonable doubt, therefore he was not the shooter and was acquitted. However, the trial court later found that the defendant was guilty of being in possession of a firearm.
The Court of Appeal disagreed; they stated that the only issue at jury trial was the identity of the shooter and since the jury determined that the defendant was not the shooter, there is no way he can be guilty of possessing a firearm. Therefore, the Court of Appeal reversed the trial courts decision.
It is important to contact a criminal defense attorney who can provide clarity in terms of your rights under the Constitution. If you or someone you love has been accused of a crime in California, contact the skilled Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com for a consultation of your case. We can help you.
