People v. Lagasse CA3

BACKGROUND

The complaint in the instant case (case No. 24CF00099) charged Lagasse with carrying a dirk or dagger. (Pen. Code, § 21310.)1 It further alleged Lagasse had been convicted of a prior serious or violent felony. (§§ 667, subd. (d), 1170.12, subd. (b).) In January 2024, police responded to a call about a man knocking on doors causing a disturbance. The responding officer found Lagasse, who identified himself and claimed to be trying to find a friend’s apartment. The officer determined Lagasse had a felony “no bail” warrant for his arrest. Lagasse had an 11-inch kitchen knife in his pocket that had a blade length of six inches. Pursuant to a written plea agreement, Lagasse pled no contest to carrying a dirk or dagger in exchange for dismissal of the prior strike allegation. The trial court dismissed the prior strike allegation with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 and referred Lagasse for a drug court suitability assessment. However, Lagasse was found unsuitable for drug court. The trial court sentenced Lagasse to the middle term of two years in state prison for this conviction. It imposed a $300 restitution fine (§ 1202.4, subd. (b)), a matching…