Olmsted

A jury found defendant Robert Earl Olmsted guilty of various crimes relating to his attempts to murder two peace officers, including possession of “ammunition which contains or consists of any fléchette dart. . . .” (Pen. Code, § 12020, subd. (a)(1)—count seven.) 1 The court sentenced defendant to an aggregate term of 231 years to life in state prison. Defendant received a consecutive term of 25 years to life for the possession of fléchette darts charged as count seven.

On appeal defendant challenges his conviction on count seven on the ground there is no substantial evidence that the items he possessed met the statutory definition of fléchette dart, in that the tail fins were not five-sixteenths of an inch long. (§ 12020, subd. (c)(6).) We agree and will reverse the conviction and sentence as to that count. Defendant is also entitled to an additional day of presentence custody credit and to have clerical errors in the abstract of judgment corrected. In all other respects we will affirm the judgment and sentence.

Factual and Procedural Background

A. -Facts

ThB_underlying facts are not in dispute. In April 1998, while seated in a van parked at a shopping center,…