People v. Rubalcava

Opinion

BROWN, J.

In this case we consider whether the unlawful carrying of a concealed dirk or dagger is a specific intent crime that imposes a sua sponte duty on trial courts to instruct with CALJIC No. 12.42. We conclude the offense does not have a specific intent requirement. Thus, courts have no duty to instruct the jury with CALJIC No. 12.42.

Factual and Procedural Background

On or about July 29, 1997, Officer Roland Elkins arrested defendant Ernesto Amoldo Rubalcava on an outstanding warrant. During the arrest, Officer Elkins discovered a knife on Rubalcava’s person. The knife had a blade…