P. v. Christman
Filed 6/9/06 P. v. Christman CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. WILLIAM MICHAEL CHRISTMAN, Defendant and Appellant. | A109822 (San Mateo County Super. Ct. No. SC056881A) |
| In re WILLIAM MICHAEL CHRISTMAN on Habeas Corpus. | A113713 |
Defendant appeals after a jury convicted him of four counts of carrying a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)(4)).[1] Defendant contends that an in-chambers conference with his attorney and the prosecutor about a local newspaper's account of defendant's case violated his due process rights because he was not present at the conference. He also maintains section 12020, subdivision (a)(4) is unconstitutionally vague and the trial court should have instructed the jurors sua sponte that they must find defendant intended to conceal the weapon.
Defendant also filed a petition for writ of habeas corpus. He again argues that his absence from the in-chambers conference violated his due process rights. He also maintains he was provided ineffective assistance of trial counsel.
We deny defendant's habeas petition and affirm the judgment.
BACKGROUND
An information was filed against defendant on October 7, 2004. Subsequently, it was amended; it charged defendant with four counts of carrying a concealed dirk or dagger (§ 12020, subd. (a)(4)), and being drunk in public (§ 647, subd. (f)). The information included the allegations that defendant had two prior serious felony convictions for purposes of the Three Strikes law (§ 1170.12), and that he had served three prior prison terms (§ 667.5, subd. (b)), which rendered him ineligible for probation (§ 1203, subd. (e)(4)).
Jury selection for defendant's trial began on January 3, 2005. On that same day, the Redwood City Daily News, a free daily newspaper, provided a short account of defendant's case. On page five of this newspaper, under the heading â€
