California v. May
Annotate this CaseDefendant Raymond May was found guilty by jury of possessing an assault weapon and a machine gun based on his possession of a single AK-47 assault rifle while guarding a marijuana plantation. He was sentenced to probation, which included an electronic search condition. On appeal, defendant argued there was a lack of sufficient evidence corroborating his accomplice’s testimony and demonstrating he knew of the firearm’s illegal character. He further alleged the trial court erred in instructing the jury: that the accomplice instruction should have included language specifying that the accomplice testimony needed to prove more than defendant’s mere presence or access to the firearm. Furthermore, defendant argued the electronic search condition imposed as part of his probation failed under the standards announced in California v. Lent, 15 Cal.3d 481 (1975). The Court of Appeal agreed defendant’s electronic search condition should have been stricken, but otherwise affirmed.
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