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HOWARD v. SUPERIOR COURT

Docket No. A054030.

233 Cal.App.3d 1436 (1991)

285 Cal. Rptr. 127

CURTIS HOWARD, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

August 14, 1991.

Attorney(s) appearing for the Case

COUNSEL

Melinda A. Connor for Petitioner.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, and Ronald E. Niver, Deputy Attorney General, for Real Party in Interest.

OPINION

CHIN, J.

(1) Penal Code section 1417.61 authorizes the destruction of any dangerous weapon used by a defendant in the commission of a crime or possessed by the defendant upon arrest. Unless interpreted otherwise, the section might bar a lawful owner from recovering a stolen gun. We agree with the Attorney General that the statute would offend due process if applied to bar a rightful...

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