Hodges

People v. Hodges

Good Law
1999 Cal. App. LEXIS 304·70 Cal. App. 4th 1348·83 Cal. Rptr. 2d 619·99 Daily Journal DAR 3225·99 Cal. Daily Op. Serv. 2499
Court of Appeal of CaliforniaApril 2, 1999No. C029795California2,438 words

Opinion

Lead Opinion

Sims, J.

*1352 Opinion

J. — A jury convicted defendant Terrence Terrill Hodges of carrying a concealed firearm within a vehicle (Pen. Code, § 12025, subd. (a) (section 12025(a)); all further undesignated section references are to the Penal Code) and found that he had previously been convicted of misdemeanor possession of a concealed weapon under the same provision. The trial court suspended imposition of judgment and ordered defendant placed on formal probation for five years with conditions. The court also imposed a $156 booking fee pursuant to Government Code section 29550.2,

Defendant contends: (1) His initial detention pursuant to Sacramento City Code section 25.01.019-1 was unlawful because the ordinance is unconstitutionally vague. (2) Section 12025(a) is unconstitutionally vague. (3) Assuming section 12025(a) is not unconstitutionally vague, there was insufficient evidence of concealment. (4) Section 12025(a) arbitrarily and irrationally criminalizes conduct that minimizes the risk of harm from carrying weapons in vehicles. (5) Defendant was denied his right to a fair trial and the ability to mount an effective defense because trial counsel failed to secure the attendance of a…

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