Gaitan
People v. Gaitan
Opinion
Lead Opinion
Richli, J.
After defendant waived his right to a jury trial, the trial court found him guilty of possessing a deadly weapon, to wit, metal knuckles (Pen. Code, § 12020, subd. (a)(1)). 1 As a result, defendant was sentenced to the midterm of two years in state prison. On appeal, defendant contends his conviction should be reversed because the trial court erroneously applied a strict liability standard and improperly ignored his lack of criminal intent in finding him guilty of possessing a deadly weapon. In the alternative, defendant contends his conviction should be reversed because there was insufficient evidence to show that his possession of the item was for improper use as a weapon. We find no error and will affirm the judgment.
I
Factual Background
On March 30, 2000, about 3:38 p.m., Officer Dave Rowe, an Ontario police officer assigned to the gang unit, made a vehicle stop during which he observed defendant wearing yellow metal knuckles. The metal knuckles were approximately two and a half inches long by half an inch wide and covered the middle finger, ring finger, and little finger of defendant’s right hand.