People v. Stinson

Opinion

TAMURA, J.

Following jury trial, defendant was found guilty of possession of a sawed-off rifle in violation of section 12020 of the Penal Code. He admitted two charged prior felony convictions. Probation was denied and defendant was sentenced to state prison for the term prescribed by law with reservation of jurisdiction pursuant to section 1168 of the Penal Code. Defendant appeals from the judgment of conviction.

A California Highway Patrol officer stopped an automobile with three occupants for a suspected Vehicle Code violation. Defendant was sitting alone in the rear seat. The officer observed a rifle lying on the rear seat next to the defendant. He reached into the car and, without comment, removed it. One of the occupants of the car stated, “That’s mine.” Not knowing which one made the remark, the officer asked who owned the rifle. Defendant replied it was his. There was no bolt in the weapon at that time.

The officer called for reinforcements and upon their arrival, he measured the rifle. The barrel was 2114 inches in length; a line drawn outward from the back of the barrel to a point above the end of the stock measured 4 inches; a line drawn from the tip of the barrel to the back of the stock measured 2514 inches; and the stock from the back of the barrel to the back of the stock, measured 514 inches.

On request, defendant produced from his pocket the bolt for the rifle. The officer concluded that the rifle could be easily assembled to be made operable. Defendant was thereupon arrested.

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Defendant testified that the rifle had been in possession of his family for several years in the same condition and that he had never altered it. He testified that he and his companions were on their way to hunt “varmints.”

In rebuttal, the prosecution put on defendant’s wife who testified that about a week or 10 days prior to his arrest she saw defendant cut the barrel to the length found at the time of arrest.

Defendant contends: (1) The weapon was not a sawed-off rifle

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