Fannin

Here we consider whether a bicycle lock on a chain may be a “slungshot” within the scope of the Dangerous Weapons Control Law. (Pen. Code, § 12000 et seq.) We conclude that it may be, if the evidence proves the defendant carried it as a weapon.

The San Mateo County District Attorney charged Johnny Ralph Fannin with possessing a slungshot, in violation of Penal Code section 12020, *1401 subdivision (a). Fannin stipulated to a court trial based on the preliminary hearing transcript. The court found him guilty, and sentenced him to 16 months in prison. Fannin appeals, contending the term “slungshot” is unconstitutionally vague and overbroad, both on its face and as applied to him. He also contends the judgment is not supported by substantial evidence.

Greg Oglesby, a Daly City police officer, testified that he approached Fannin at a bus stop around 5:30 in the morning. Oglesby had seen Fannin at the same stop a couple of hours earlier. Fannin said he was waiting for a bus. Oglesby explained that bus service did not begin until 6:00 a.m. Oglesby asked Fannin if he had anything illegal in his possession. Fannin said no, and consented to a search. In Fannin’s jacket pocket,…