Insufficient Evidence Can Lead To Your Case Being Vacated
Insufficient evidence can lead to a conviction being vacated. This is highlighted in a recent California case, People v. Gomez (2025).
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
People v. Gomez (2025)
This case involved a defendant who was out on bail when police executed a search warrant at an apartment they believed was his residence. During the search, officers discovered an unloaded flare gun. Based on this discovery and the defendant’s prior felony record, prosecutors charged him with possession of a firearm by a felon under Penal Code Section 29800(a)(1).
At trial, the defendant testified that the apartment had multiple tenants, he did not live at the location, and the flare gun did not belong to him. Despite these claims, the jury returned a guilty verdict. The defendant appealed, and what followed is an example of how technical legal definitions can fundamentally alter the outcome of criminal cases.
The appeal centered on a seemingly straightforward question: Does a flare gun meet the statutory definition of a “firearm” for purposes of criminal prosecution?
Section 16520(a) of the Penal Code defines a firearm as “a device, designed to be used as a weapon, from which a projectile is expelled through a barrel.” A subsequent subsection states that the definition includes the weapon’s frame—the part housing the hammer or bolt and firing mechanism.
The prosecution argued that because the flare gun had a frame, it automatically qualified as a firearm under the statute. However, the defendant contended that flare guns are safety devices designed for signaling emergencies, not weapons designed to cause harm. The appellate court sided with the defendant, emphasizing a crucial element of the statute that had been overlooked: to qualify as a firearm, the device must be “designed to be used as a weapon.”
This evidence fell short of proving that the flare gun was designed to be used as a weapon—a required element under the statute. Without evidence specifically addressing this element, the court found the conviction unsupportable and remanded the case for resentencing.
Why Having A Skilled Criminal Defense Attorney Is Important
A skilled criminal defense attorney is necessary for cases that are decided from seemingly insignificant questions such as “is a flare gun a weapon”. Without a skilled criminal defense attorney to bring up this argument and make the prosecution prove it was indeed a weapon, this case could have turned out differently.
Don’t let your future hang in the balance: contact a skilled criminal defense attorney today!
How Wallin & Klarich Can Help
At Wallin & Klarich, we have experience identifying these types of critical legal distinctions that can make the difference between conviction and acquittal.
We examine every detail of your case, from the circumstances of the arrest to the specific language of the applicable statutes. As demonstrated in this case, the precise legal definition of terms can be pivotal. Our attorneys maintain comprehensive knowledge of criminal statutes and case law interpretations that might benefit your defense. When your case goes to trial, we ensure that prosecutors are held to their burden of proof on every element of the charged offense.
Even after a conviction, the legal battle isn’t necessarily over. Our appellate attorneys excel at identifying issues like the one in this case—where legal definitions were misapplied or elements weren’t properly proven.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive appellate attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.