P. v. Burke CA4/3

Filed 5/30/13 P. v. Burke CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047061 (Consol. with G047062) v. (Super. Ct. Nos. 11NF3234 & STEVEN JOHN BURKE, 11NF2951)

Defendant and Appellant. OPINION

Appeal from judgments of the Superior Court of Orange County, Craig E. Robison, Judge. Affirmed. Khouri Law Firm and Michael J. Khouri for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Steven John Burke pleaded guilty to one count of unlawful possession of a firearm (Pen. Code, § 12021, subd. (c)(1)) (case No. 11NF2951) and two counts of unlawful possession of ammunition (Pen. Code, § 12316, subd. (b)(1)) (case 1 No. 11NF3234). On appeal he challenges the constitutionality of section 12021, subdivision (c)(1) (section 12021(c)(1)), which prohibits certain misdemeanants from possessing firearms, contending the statute violates his Second Amendment right to bear 2 arms and Fourteenth Amendment right to equal protection. We consolidated the cases on appeal and affirm the judgments.

FACTS

Defendant offered the following facts as the basis for his guilty pleas underlying the judgments in these consolidated appeals. On February 10, 2011, he unlawfully possessed a firearm. On February 10 and October 5 of 2011, he unlawfully possessed ammunition. On those dates, he was prohibited from possessing firearms or