P. v. Brewer
Defendant was convicted by a jury of possession of a firearm within 10 years of having been convicted of misdemeanor battery. (Pen. Code, 12021, subd. (c)(1).) Imposition of sentence was suspended and defendant was placed on probation for five years. He appealed, challenging the denial of his suppression motion and one of the conditions of probation.
On June 21, 2007, Court issued an opinion affirming the judgment in its entirety, concluding the suppression motion was properly denied and defendant forfeited his challenge to the probation condition by failing to object below. Defendant filed a petition for rehearing, arguing our determination of fofeiture conflicts with a recent decision of the state Supreme Court, In re Sheena K. (2007) 40 Cal.4th 875 (Sheena K.). Court granted the petition. Court now reissue our opinion, affirming the judgment but modifying the probation condition.
Comments on P. v. Brewer