People v. Mowatt

Opinion

PARRILLI, J.

A jury convicted Samuel Mowatt of exhibiting a deadly weapon, a misdemeanor, and carrying a concealed dirk or dagger, a felony. The felony conviction was Mowatt’s third strike; the jury also found he had served a prior prison term. The trial court sentenced Mowatt to 26 years to life in prison and ordered him to pay a $10,000 restitution fine. On appeal, Mowatt contends the hunting knife he was charged with carrying was not a “dirk or dagger” under the applicable statutory definition. We agree. As a matter of law, an ordinary hunting knife is not “a knife or other…