[Download] "People V. Banks" by Supreme Court Of California ~ eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Banks
• Author : Supreme Court Of California
• Release Date : January 31, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Defendant appeals from an order (entered September 29, 1958) denying his motion to set aside a judgment of conviction (pronounced September 3, 1958) of "Possession of a Firearm Capable of Being Concealed Upon the Person by One Previously Convicted of a Felony, in violation of Section 12021, Penal Code," and to withdraw his plea of guilty. Defendant's motion was upon the ground that he is not one previously convicted of felony within the meaning of section 12021 and that he pleaded guilty to the charge of violating that section "solely by reason of a mistake of fact and law." His prior conviction was in the following circumstances: Upon his plea of guilty (entered May 18, 1953) to a charge of violation of section 503 (now 10851) of the Vehicle Code, an offense punishable either as a felony or as a misdemeanor, imposition of sentence was suspended. Defendant completed his term of probation without violation. Although under the circumstances he apparently was entitled to have the prior charge dismissed on application (Pen. Code, § 1203.4; Stephens v. Toomey (1959), 51 Cal. 2d 864, 871 [14] [338 P.2d 182]), he did not do so.

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