California Court of Appeal

In a constitutional challenge to Penal Code section 16470 which defines a "dirk" or "dagger" as "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death," defendant's conviction is reversed where there is no substantial evidence from which a trier of fact could reasonably find beyond a reasonable doubt that the fully opened or exposed blade of the concealed folding Swiss Army knife defendant was carrying was firmly fixed in place, such that it was locked in position within the meaning of section 16470.

Appellate Information

• Decided 04/15/2014
• Published 04/15/2014

Judges

• Nares

Court

• California Court of Appeal

Counsel