People v. Gonzales

Statement of the Case

On May 4, 1993, an information was filed in Kern County Superior Court charging appellant Luis Gonzales with two counts of check forgery, in violation of Penal Code section 470, and one count of possessing a dirk or dagger, in violation of section 12020, subdivision (a), to which he entered a plea of not guilty.

Trial proceedings commenced June 30, 1993, with a number of in limine motions being heard. In particular, the trial judge denied the defense motion to exclude evidence of appellant’s alleged possession of the knife.

Following the presentation of evidence, appellant moved the court for a judgment of acquittal as to the section 12020, subdivision (a) count based on his belief that there was insufficient evidence that the knife he possessed was a dirk or dagger within the meaning of the law. He claimed, “[i]t was substantially limited in its stabbing effectiveness or its utility as a dangerous and deadly weapon as a dirk or dagger in that it was possessed at work as a utility knife possessed for innocent purposes.” The prosecution insisted that “[tjhere is no requirement of a burden on the People to show it was possessed with intent or with…