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PEOPLE v. KIRK

Docket No. C001376.

211 Cal.App.3d 58 (1989)

259 Cal. Rptr. 44

THE PEOPLE, Plaintiff and Respondent, v. LARRY WILBUR KIRK, Defendant and Appellant.

Court of Appeals of California, Third District.

May 31, 1989.

Attorney(s) appearing for the Case

COUNSEL

Ernest Krause, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, James T. McNally and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMS, J.

Did defendant's possession at the same time and place of two sawed-off shotguns constitute two separate violations of former Penal Code section 12020, subdivision (a)? We hold it did not, so that one of defendant's two convictions of that offense must be reversed. (All further statutory references to sections of an undesignated code are to the Penal Code.)

A jury convicted defendant Larry Wilbur Kirk of first...

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