Defendant's conviction is reversed as collateral estoppel barred the court from convicting defendant of being a felon in possession of a firearm after the jury acquitted him on the charges during which the firearm possession allegedly occurred. Defendant's claim that he was not properly advised of the rights he was waiving is rejected as he knowingly and voluntarily waived his rights to jury trial on the gun possession charge.
Filed October 3, 2009
Opinion by Judge Epstein
For Appellant: Mark Alan Hart, under appointment by the Court of Appeal
For Appelle: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec and Robert C. Schneider, Deputy Attorneys General