People v. Ahmed CA4/2

FACTS AND PROCEDURE

On August 4, 2012, police pulled over a vehicle in which defendant was riding

because another passenger was not wearing a seat belt. Defendant was found to be armed

with two knives and to possess pepper spray. Defendant had in his back pocket a black

ski mask with eye holes hand-cut into it. Defendant was wearing baseball batting gloves.

No other sporting or cold-weather equipment was found in the vehicle.

On January 23, 2013, the People filed an information charging defendant with

carrying a concealed dirk or dagger (Pen. Code, § 21310)1 and possessing a tear gas

weapon after having been convicted of a felony. The People also alleged defendant had

two prior prison term offenses under section 667.5—a burglary (§ 459) conviction from

2002 and another from 2007.

On June 4, 2013, a jury found defendant guilty on both counts. On June 5, 2013,

the trial court found both prison term allegations to be true.

On July 3, 2013, the trial court initially sentenced defendant to a felony jail term

of four years and eight months as follows: two years for the dirk or dagger offense, plus

eight months for the tear gas count, plus two consecutive one-year terms…