In Re Martin Alonzo L.

Bad Law
142 Cal. App. 4th 93·2006 Cal. App. LEXIS 1272·2006 Daily Journal DAR 11028·47 Cal. Rptr. 3d 316·2006 Cal. Daily Op. Serv. 7764
Court of Appeal of CaliforniaAugust 21, 2006B186132California938 words

Opinion

Opinion

Yegan, J.

Martin Alonzo L. appeals from the trial court’s order sustaining a Welfare & Institutions Code section 602 petition, which alleged that he possessed metal knuckles in violation of Penal Code section 12020, subdivisions (a)(1) and (c)(7). The trial court declared the matter a misdemeanor, continued appellant on probation and placed him in the custody of his mother. He contends the order is not supported by substantial evidence because the object at issue, which he calls a wallet with “decorative” metal spikes along one edge, does not meet the statutory definition of metal knuckles. We affirm.

Facts

About 10:00 p.m. on August 7, 2005, someone called the Guadalupe Police Department to complain of being threatened by a group of young men. Officer Davis responded to the call, where he met appellant and other juveniles. While patting down appellant, the officer noted that appellant appeared to have a wallet in his back pocket that was attached to a belt loop by a metal chain. When folded, the “wallet” is about five and one-half inches long. Five one-inch long metal spikes are embedded in the leather along one edge. (See appen.) The middle three spikes are spaced about…

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