PEOPLE v. GAITAN

No. E028064.

111 Cal.Rptr.2d 885 (2001)

92 Cal.App.4th 540

The PEOPLE, Plaintiff and Respondent, v. Victor GAITAN, Defendant and Appellant.

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

September 25, 2001.


Attorney(s) appearing for the Case

Gerald J. Miller, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster, Supervising Deputy Attorney General, and Marvin E. Mizell, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

RICHLI, J.

After defendant waived his right to a jury trial, the trial court found him guilty of possessing a deadly weapon, to wit, metal knuckles (Pen.Code, § 12020, subd. (a)(1)).1 As a result, defendant was sentenced to the midterm of two years in state prison. On appeal, defendant contends his conviction should be reversed because the trial court erroneously applied a strict liability standard and improperly...

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