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People v. Saleem, No. B204646

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By FindLaw Staff on December 18, 2009 10:41 AM

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.     

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Appellate Information

Filed December 17, 2009

Judges

Opinion by Judge Klein

Counsel
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

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