Davis
People v. Davis
Opinion
Lead Opinion
Rivera, J.
Defendant Jack Kenneth Davis appeals a judgment entered upon a jury verdict finding him guilty of possession of a deadly weapon, *1325 specifically a billy (Pen. Code, former § 12020, subd. (a)), 1 and displaying false evidence of registration (Veh. Code, § 4462.5). The jury acquitted him of the charge of carrying a dirk or dagger. (§ 12020, subd. (a).) The trial court suspended imposition of sentence and placed defendant on probation for three years. On appeal, defendant challenges his weapon conviction on both statutory and constitutional grounds. We shall affirm the judgment.
I. BACKGROUND
A. The Traffic Stop
Defendant was driving his pickup truck in January 2010. A sheriff’s deputy, Osvaldo Hernandez, stopped him for making an unsafe lane change. Although the truck had a current registration sticker, when Hernandez asked him for his registration, defendant told Hernandez that his registration had expired. A call to dispatch confirmed that the registration had indeed expired.
Hernandez asked defendant to step out of his truck and asked if he had any weapons on him. Defendant said he had a pocketknife. Hernandez found one knife clipped to the outside of defendant’s…