P. v. Twiford CA3
Defendant Patrick James Twiford stole merchandise from a store. After detaining him, authorities found a 14-inch piece of rebar in his backpack. The rebar had been modified to have a handle. A jury found defendant guilty of possessing a deadly weapon, specifically a billy club, and he pleaded no contest to petty theft. On appeal, he contends: (1) insufficient evidence supports his conviction of possessing a billy club; (2) the prosecutor committed misconduct by misstating the crime’s elements during her argument; (3) the statute making it unlawful to possess a billy club violates the Second Amendment facially and as applied; and (4) an enhancement imposed on a felony prison prior must be stricken as it was imposed on a conviction that had been reduced to a misdemeanor under Proposition 47. Except to strike the prison prior, we affirm the judgment.
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