People v. Ellison
196 Cal. App. 4th 1342
| Cal. Ct. App. | 2011Background
- Defendant was convicted of unlawfully carrying a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) after a jury trial, and acquitted of three related counts.
- A loaded Beretta .25-caliber handgun was found under the driver’s floormat when deputies detained him.
- The information alleged counts including assault with a firearm, criminal threats, and criminal threats with hate crime allegations; defendant was acquitted on several counts and convicted only on the concealed weapon count.
- Defendant argued the statute is unconstitutional under the Second Amendment as applied to the states, and that prosecutorial misconduct occurred in summation.
- The trial court provided curative instructions and proper burden-of-proof instructions; post-trial, the court addressed the misconduct issue on appeal.
- The court ultimately held the statute constitutional under intermediate scrutiny and found the prosecutorial misconduct cured by instructions and the court’s admonitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Penal Code § 12025(a)(1) under the Second Amendment | Yarbrough/ownership arguments; statute burdens right | Over-broad, deprives self-defense rights | Constitutional under intermediate scrutiny. |
| Prosecutorial misconduct during summation | Misstated the reasonable doubt standard to diminish burden | Errors but cured by instructions | Not reversible due to curative instructions and proper jury instructions. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognizes presumptively lawful restrictions and limits on the right to bear arms)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (incorporation of Second Amendment to states via Fourteenth Amendment)
- People v. Yarbrough, 169 Cal.App.4th 303 (Cal. App. 2008) (upheld §12025 as a presumptively lawful restriction on concealed carry in a vehicle)
- Peruta v. County of San Diego, 758 F. Supp. 2d 1106 (S.D. Cal. 2010) (distinguished; not deciding constitutionality of §12050/12031 but discusses good cause and residency requirements)
- People v. Friend, 47 Cal.4th 1 (Cal. 2009) (prosecutorial misconduct standards under federal and state law)