Davis

People v. Davis

Good Law
155 Cal. Rptr. 3d 128·2013 Cal. App. LEXIS 240·214 Cal. App. 4th 1322·2013 WL 1246750
Court of Appeal of CaliforniaMarch 28, 2013No. A131764California4,489 words

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…

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