Wharton

Defendant was charged with carrying a dirk or dagger concealed upon his person (Pen. Code, § 12020, subd. (a); hereafter all undesignated sections references are to the Penal Code) and it was alleged he served a prior prison term within the meaning of section 667.5, subdivision (b). A jury convicted defendant of the section 12020 offense, and the trial court found true the prior prison term allegation. Defendant was placed on three years’ probation and ordered to serve sixty days in the county jail as a condition of probation.

On appeal, defendant contends there is insufficient evidence to support his conviction and that the court erred in instructing the jury. He also contends he is entitled to two days of conduct credit. Defendant’s latter contention has merit. We shall modify the judgment accordingly but affirm in all other respects.

Factual and Procedural Background

On December 16, 1988, Butte County Deputy Sheriff Rubinhoff was dispatched to a particular alleyway in Oroville to investigate a landlord-tenant dispute. As he drove into the alleyway, he saw a car that was traveling toward him stop suddenly. The vehicle then “peeled” backward at a “high rate of speed.”…