People v. Mitchell

Kenyatta Quinn Mitchell was found guilty of violating Penal Code former section 12020, subdivision (a)(4), which prohibits the carrying *1369 of a concealed dirk or dagger. 1 On appeal, he asserts his conviction should be reversed because (1) the statute prohibiting concealed carrying of a dirk or dagger violates the constitutional right to bear arms for self-defense and (2) the trial court erred in failing to instruct the jury on intent to conceal. We reject these contentions.

As to sentencing, Mitchell asserts the court’s findings on prior prison term and strike allegations must be set aside because he was not properly advised of his rights prior to admitting these allegations. Additionally, Mitchell argues the trial court abused its discretion by imposing a $1,000 restitution fine. In the unpublished portion of this opinion, we find no reversible error in this regard.

FACTUAL AND PROCEDURAL BACKGROUND

About 9:00 a.m. on September 28, 2010, trolley security officer Francisco Valenzuela removed Mitchell from the trolley because Mitchell did not have a ticket to ride the trolley. Mitchell sat down on a bench at the trolley station while Valenzuela contacted a code…