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"[S]ection 21310 makes it a criminal offense to carry `concealed upon the person any dirk or dagger.'" (People v. Castillolopez (2016) 63 Cal.4th 322, 327 [202 Cal.Rptr.3d 703, 371 P.3d 216]; see § 21310 ["any person in this state who carries concealed upon the person any dirk or dagger" commits a criminal offense punishable as a felony or misdemeanor].) Section 16470 defines a dirk or dagger as "a knife or other instrument with or without a 653*653 handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death."
"[T]he legislative history is clear and unequivocal: the intent to use the concealed instrument as a stabbing instrument is not an element of the crime of carrying a concealed dirk or dagger." (People v. Rubalcava (2000) 23 Cal.4th 322, 331 [96 Cal.Rptr.2d 735, 1 P.3d 52]; accord, Stark v. Superior Court (2011) 52 Cal.4th 368, 394-395 [128 Cal.Rptr.3d 611, 257 P.3d 41].) However, a defendant must know the concealed instrument could readily be used as a stabbing weapon. (Rubalcava, at p. 332 ["[T]o commit the offense, a defendant must still have the requisite guilty mind: that is, the defendant must knowingly and intentionally carry concealed upon his or her person an instrument `that is capable of ready use as a stabbing weapon.'"]; see CALCRIM No. 2501 ["To prove that the defendant is guilty of this crime, the People must prove that: [¶] ... [¶] 4. The defendant knew that it could readily be used as a stabbing weapon."].) Whether a knife is a dirk or dagger is a question of fact for the jury to determine. (People v. Bain (1971) 5 Cal.3d 839, 851 [97 Cal.Rptr. 684, 489 P.2d 564]; People v. Wharton (1992) 5 Cal.App.4th 72, 76 [6 Cal.Rptr.2d 673] (Wharton).)
Contrary to Belloso's contentions, substantial evidence supported the jury's finding the knife could readily be used as a stabbing weapon. The jury observed the knife at trial, and the photograph of the knife was admitted into evidence. Deputy Simpkins testified the stainless steel knife measured eight to nine inches long, with a four- to four-and-a-half-inch fixed blade. The knife's blade could not be folded, unlike a pocket knife. The photograph of the knife showed it had a sharp point. Deputy Simpkins explained the knife was wrapped in paper to prevent cuts from handling the knife. The jury could have reasonably inferred from Deputy Simpkins's testimony the knife was sharp; otherwise, it would not have posed a
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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(619) 357-6677
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Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
"[S]ection 21310 makes it a criminal offense to carry `concealed upon the person any dirk or dagger.'" (People v. Castillolopez (2016) 63 Cal.4th 322, 327 [202 Cal.Rptr.3d 703, 371 P.3d 216]; see § 21310 ["any person in this state who carries concealed upon the person any dirk or dagger" commits a criminal offense punishable as a felony or misdemeanor].) Section 16470 defines a dirk or dagger as "a knife or other instrument with or without a 653*653 handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death."
"[T]he legislative history is clear and unequivocal: the intent to use the concealed instrument as a stabbing instrument is not an element of the crime of carrying a concealed dirk or dagger." (People v. Rubalcava (2000) 23 Cal.4th 322, 331 [96 Cal.Rptr.2d 735, 1 P.3d 52]; accord, Stark v. Superior Court (2011) 52 Cal.4th 368, 394-395 [128 Cal.Rptr.3d 611, 257 P.3d 41].) However, a defendant must know the concealed instrument could readily be used as a stabbing weapon. (Rubalcava, at p. 332 ["[T]o commit the offense, a defendant must still have the requisite guilty mind: that is, the defendant must knowingly and intentionally carry concealed upon his or her person an instrument `that is capable of ready use as a stabbing weapon.'"]; see CALCRIM No. 2501 ["To prove that the defendant is guilty of this crime, the People must prove that: [¶] ... [¶] 4. The defendant knew that it could readily be used as a stabbing weapon."].) Whether a knife is a dirk or dagger is a question of fact for the jury to determine. (People v. Bain (1971) 5 Cal.3d 839, 851 [97 Cal.Rptr. 684, 489 P.2d 564]; People v. Wharton (1992) 5 Cal.App.4th 72, 76 [6 Cal.Rptr.2d 673] (Wharton).)
Contrary to Belloso's contentions, substantial evidence supported the jury's finding the knife could readily be used as a stabbing weapon. The jury observed the knife at trial, and the photograph of the knife was admitted into evidence. Deputy Simpkins testified the stainless steel knife measured eight to nine inches long, with a four- to four-and-a-half-inch fixed blade. The knife's blade could not be folded, unlike a pocket knife. The photograph of the knife showed it had a sharp point. Deputy Simpkins explained the knife was wrapped in paper to prevent cuts from handling the knife. The jury could have reasonably inferred from Deputy Simpkins's testimony the knife was sharp; otherwise, it would not have posed a
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...