California Court of Appeal

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People v. Davis, A131764

Conviction of possession of a deadly weapon, and displaying false evidence of registration is affirmed, where: 1) under the facts and the applicable law, the jury could reasonably find the modified baseball bat was a billy for purposes of Penal Code section 12020; 2) there was no error in instructing the jury pursuant to CALCRIM No. 2500 without adding a definition of a billy as a short or small object, and even if there was, it was waived; 3) since a billy falls outside the protection of the Second Amendment, the court had no obligation to instruct the jury on those principles; 4) the trial court did not abuse its discretion in admitting evidence that the double lightning bolt markings on the modified bat were used by neo-Nazi white supremacist and skinhead groups; and 5) the trial court did not abuse its discretion in admitting evidence of defendant's prior arrest and conviction for possessing a billy club.

Appellate Information

  • Decided 03/28/2013
  • Published 03/28/2013

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  • California Court of Appeal

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