People v. Sisneros

Opinion

ORTEGA, J.

We are called upon to determine whether the instrument possessed by defendant was a dirk or dagger. The current version of the statute proscribes only instruments “capable of ready use as a stabbing weapon.” (Pen. Code, § 12020, subd. (c)(24).) We conclude the device, which requires some degree of assembly to be used as a knife, was not so “capable,” and reverse the conviction.

Background

Police stopped defendant, who was riding his bicycle after dark. The officers meant to write him a ticket for inadequate lighting on the bicycle. One of the officers noticed a knife in a…