People v. Betterton

In People v. Betterton (1979) 93 Cal.App.3d 406, a defendant pleaded guilty to a violation of Penal Code section 12021 (felon in possession of a concealable firearm), with charges being dismissed for violation of Penal Code section 417 (exhibiting a firearm in a rude, angry and threatening manner). The court held that the trial court properly considered, in finding circumstances in the aggravation of the crime of violating section 12021, the probation officer's report containing a statement by defendant's former wife that defendant pointed the gun at her chest and threatened her and her children. Such threat was held to have been properly considered as a circumstance in aggravation of the crime of violating section 12021, and in its consideration of the threat, the trial court did not improperly base its sentencing of defendant to the upper term for violation of section 12021 upon defendant's alleged violation of section 417. ( Id., at p. 415.)