People v. Gilbert R.

Gilbert R. appeals from the juvenile court’s order sustaining the district attorney’s delinquency petition (Welf. & Inst. Code, § 602) and placing him on supervised probation based on his misdemeanor possession of a switchblade knife as defined in Penal Code former section 653k (now codified at Pen. Code, § 17235). (All undesignated statutory references are to the Penal Code.) Gilbert contends the knife he possessed falls under the Legislature’s express exception identifying knives that do not constitute a switchblade (former § 653k [“ ‘Switchblade knife’ does not include . . .”]), and therefore the evidence does not support the juvenile court’s delinquency finding. We agree and accordingly reverse the juvenile court’s order.

I

FACTUAL AND PROCEDURAL BACKGROUND

Anaheim Police Officer Erin Moore stopped Gilbert on foot near an area where graffiti had recently been sprayed because he matched a description of the suspect. He denied involvement in the offense, but when she asked if he possessed “anything illegal,” he produced a knife from his sweatshirt pocket. It was approximately seven inches long, with a three-inch blade folded in a closed position, and Moore discovered…