California Court of Appeal

Defendant's conviction and sentence for violating former Penal Code section 12020(a)(4), which prohibits the carrying of a concealed dirk or dagger, is affirmed in part, reversed in part, and remanded for resentencing where: 1) there is no facial unconstitutionality in the statute proscribing the carrying of a concealed dirk or dagger; 2) the statute is not unconstitutional as applied to defendant; 3) because the offense does not include a requirement of specific intent to conceal the instrument from other persons, the trial court had no duty to instruct on this element; 4) the findings on the prior prison term and strike allegations must be vacated because defendant was not properly advised of his rights before he admitted the priors; and 5) the trial court did not abuse its discretion in ordering defendant to pay a restitution fine under section 1202.4(b).

Appellate Information

• Decided 08/28/2012
• Published 08/28/2012

Judges

• Haller

Court

• California Court of Appeal

Counsel