P. v. Thomas
Appellant was convicted after a court trial on three felony counts: possession of a machinegun (Pen. Code, 12220) (count one); conspiracy to possess a machinegun (Pen. Code, 182, subd. (a)(1)) (count two); and possession of concentrated cannabis (Health & Saf. Code, 11357, subd. (a)) (count three). The court suspended imposition of sentence, and placed appellant on probation.
Appellant contends: (1) the trial court should have granted his motion to suppress the evidence of illegal drugs and the machinegun that the police seized from appellants truck after a traffic stop; (2) his convictions for possession of a machinegun and conspiracy to possess a machinegun must be reversed, because these convictions are not supported by sufficient evidence showing that appellant knew the machinegun in question was an illegal weapon; (3) the conviction for possession of concentrated cannabis must be reversed, because there was no proof by means of expert testimony that a ball of hashish seized from appellants truck contained concentrated cannabis; and (4) the abstract of judgment must be corrected in order to properly list the offenses as to which appellant was convicted, without regard to certain other allegations that were dismissed prior to trial.
Court reject appellants first three contentions, but Court agree with his last contention, and will order a remand to correct the record as to the offenses of which appellant was convicted.
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