UUW, Gun Minimum and Merger
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| − | I have previously written two posts | + | I have previously written two posts: [https://libraryofdefense.ocdla.org/Blog:Main/Merging_Felon_in_Possession_and_Unlawful_Use_of_a_Weapon:_Updated here] and [https://libraryofdefense.ocdla.org/Blog:Main/Merging_UUW_and_Felon_in_Possession:_Updated here] - both subsequently updated - on merging Felon in Possession and UUW, when the former also alleges the gun minimum. The impact, ironically, is to leave your client with only a non-person conviction. |
Though I laid out the analysis in those two posts, I did not include a memo. Well, here's a motion entitled [[http://libraryofdefense.org/sites/default/files/gun-minimum-uuw-and-merger1.doc Gun minimum, UUW and merger]] arguing for the merger of Burglary I and UUW, when the burglary count also includes the gun minimum allegation. | Though I laid out the analysis in those two posts, I did not include a memo. Well, here's a motion entitled [[http://libraryofdefense.org/sites/default/files/gun-minimum-uuw-and-merger1.doc Gun minimum, UUW and merger]] arguing for the merger of Burglary I and UUW, when the burglary count also includes the gun minimum allegation. | ||
Revision as of 14:19, August 12, 2015
I have previously written two posts: here and here - both subsequently updated - on merging Felon in Possession and UUW, when the former also alleges the gun minimum. The impact, ironically, is to leave your client with only a non-person conviction.
Though I laid out the analysis in those two posts, I did not include a memo. Well, here's a motion entitled [Gun minimum, UUW and merger] arguing for the merger of Burglary I and UUW, when the burglary count also includes the gun minimum allegation.
Enjoy! Please let me know the outcome if you make the argument.
