California Court of Appeal
32 Cal. App. 3d 494 (1975)
In a 1969 Kansas criminal case, Bray (defendant) pled guilty to being an accessory after the fact and was granted probation. After completing probation in 1971, Bray moved to California, where over the next three years he filed an application to vote, job applications, and a form to buy a revolver. In filling out these forms, Bray either stated that he had not been convicted of a felony or supplied information explaining the circumstances of the Kansas criminal case. In 1974, investigators found a revolver and a pistol in Bray’s home and Bray was charged with two counts of being a convicted felon in possession of a firearm under California Penal Code § 12021, based on the theory that his Kansas plea constituted a felony conviction. At Bray’s trial, he requested that the jury be instructed that a mistake of fact disproving criminal intent is a valid defense, so that Bray could not be convicted if he reasonably but erroneously believed that he had not been convicted of a felony in Kansas. The judge denied Bray’s request. Bray was convicted on both counts and appealed to the California Court of Appeal.
Rule of Law
Holding and Reasoning (Brown, J.)
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