Sunday, November 17, 2013

People v. Dillard case brief

People v. Dillard case brief summary
201 Cal. Rptr. 136 (1984)


CASE SYNOPSIS
Appellant sought review of the order from the Municipal Court for the Oakland-Piedmont District of Alameda County (California), which convicted him of the misdemeanor offense of carrying a loaded firearm on his person in a public place, in violation of Cal. Penal Code § 12031(a).

CASE FACTS
Appellant was convicted of the misdemeanor offense of carrying a loaded firearm on his person in a public place, in violation of Cal. Penal Code § 12031(a). On appeal, he contended that to dispense with the requirement of knowledge violated his right to due process right to present a defense.

DISCUSSION

  • The court rejected appellant's contentions, finding them meritless. 
  • The court noted that knowledge that the weapon was loaded was not an element of the misdemeanor offense of carrying a loaded firearm in a public place, thus lack of knowledge that the weapon was loaded was not a defense. 
  • Accordingly, the court affirmed the holding of the lower court.

CONCLUSION
The court affirmed the order of the lower court that convicted appellant of the misdemeanor offense of carrying a loaded firearm on his person in a public place, in violation of Cal. Penal Code § 12031(a). The court held that knowledge that a weapon was loaded was not an element of violation of Cal. Penal Code § 12031(a).

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