California v. Burgess
Annotate this CaseMonths after a Pennsylvania court ordered Reginald Burgess be put on supervised probation, a jury in California convicted him of violating Penal Code section 29815, possession of a firearm in violation of an express condition of probation. The superior court suspended imposition of sentence and granted Burgess three years’ probation with various conditions, ordering that he could move to reduce the felony conviction to a misdemeanor upon 18 months of successful probation. Burgess appealed, contending insufficient evidence supported his conviction. Specifically, pointing to a Judicial Council jury instruction, CALCRIM No. 2512, he argued an essential element of the section 29815 offense was not met: his violation of a court order that he not own or possess a firearm. Burgess contended that because the Pennsylvania probation department directly set the conditions of his probation, there was no court order for purposes of the offense. The California Court of Appeal rejected these contentions. "Interpretation of section 29815 is not guided by form jury instructions, which are not the law. ... the statutory language merely requires the probationer be bound by the condition." The Court found the State proved Burgess had agreed to a condition of probation specifically restricting his possession of firearms, and substantial evidence supported his possession of such firearms in California while subject to the probation condition. Therefore, judgment was affirmed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.