P. v. Vargas
A jury convicted defendant and appellant Oscar Vargas of carrying a concealed dirk or dagger. (Pen. Code, § 21310[1].) The trial court found that defendant suffered one prior conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and served two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to five years in state prison.
On appeal, defendant contends that section 21310, the statute that criminalizes carrying a concealed dirk or dagger, and section 16470, the statute that defines “dirk” and “dagger,” together are facially overbroad and thus unconstitutional. We affirm.
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