STATUTE BANNING POSSESSION OF BODY ARMOR BY EX-CONS IS VOID FOR VAGUENESS
(Law Offices of Mary Prevost)
STATUTE BANNING POSSESSION OF BODY ARMOR BY EX-CONS IS VOID FOR VAGUENESS
It's a felony to possess body armor if you have previously been convicted of a violent felony. (PC 12370.) The defense here argues that 12370 is void for vagueness, because it fails to provide fair notice of which body vests qualify as the body armor banned by 12370.
Over a spirited dissent, the majority here agrees that 12370 is void. There's an extensive discussion of the rules governing notice that possession of something is a crime and why 12370 fails to give any kind of reasonable notice.
People v. Saleem; 2009 DJ DAR 17535; DJ, 12/18/09; C/A 2nd, Div. 3
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