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PEOPLE v. BECK

Docket Nos. E011577, E013045.

25 Cal.App.4th 1095 (1994)

31 Cal. Rptr. 44

THE PEOPLE, Plaintiff and Respondent, v. RODNEY BECK, Defendant and Appellant. RODNEY BECK, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

June 9, 1994.

Attorney(s) appearing for the Case

COUNSEL

James M. Glick and Andrew E. Rubin for Defendant and Appellant and for Petitioner.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Jeffrey J. Koch, Deputy Attorney General, for Plaintiff and Respondent and for Real Party in Interest.

No appearance for Respondent.

OPINION

DABNEY, Acting P.J.

Defendant Rodney Beck, pursuant to plea bargain, pleaded guilty to one count of cultivation of marijuana. Thereafter, he moved for return of personal property (firearms), but the court refused to return the property to him, purportedly pursuant to Penal Code section 12028, which declares firearms used in the commission of a crime to be a nuisance and provides for the confiscation and destruction of such...

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