In Re Quintus W.

People v. Quintus W.

Good Law
120 Cal. App. 3d 640·175 Cal. Rptr. 30·1981 Cal. App. LEXIS 1854
Court of Appeal of CaliforniaJune 18, 1981Crim. 38633California1,685 words

Opinion

Opinion

Hastings, J.

Quintus W. appeals from a juvenile order of wardship (Welf. & Inst. Code, § 602) upon a finding that he was guilty of carrying upon his person a dirk or dagger in violation of Penal Code section 12020, subdivision (a), a misdemeanor. The court ordered that appellant may not be held in physical confinement for a period to exceed one year and that he was to be placed on home probation in his mother’s home. He appeals, contending (1) that the kitchen knife found on his person was not a “dirk or dagger” within the meaning of Penal Code section 12020; (2) that his extrajudicial statements regarding his intended use of the kitchen knife were immaterial and should have been excluded; (3) that his extrajudicial statements were improperly admitted since the corpus of the crime was not independently proven; and (4) that the minute orders must be modified to reflect that the court found the offense to be a misdemeanor.

At approximately 3:30 p.m., on May 5, 1980, Officer Voge saw appellant writing on the wall of a building and stopped his police car. Appellant looked in the officer’s direction, then began to walk away. Voge told appellant to stop and place his hands behind his neck.…

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