Block on Trump's Asylum Ban Upheld by Supreme Court
Defendant's conviction for possession of body armor by a person previously convicted of a violent felony, with prior serious felony and prior prison term findings, is reversed where: 1) Penal Code section 12370 must be construed to contain a knowledge element and the prosecution had to prove that defendant knew, or reasonably should have known, the body vest in his possession had characteristics making it illegal under section 12370; and 2) section 12370 is unconstitutionally void for vagueness because it does not provide fair notice of which protective body vests constitute the body armor made illegal by the statute.
Filed December 17, 2009
Opinion by Judge Klein
For Appellant: Gerald Peters
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Roberta L. Davis, Deputy Attorneys General