P. v. Brandon CA4/2
While seated in front of a convenience store, defendant and appellant Rubien Earl Brandon had a fixed-blade knife on his person and a syringe for injecting methamphetamine in his backpack. Following a jury trial, defendant was convicted of carrying a concealed dirk or dagger (Pen. Code, § 21310; count 1) and possessing an instrument for injecting controlled substances (Health & Saf. Code, § 11364; count 2). In a bifurcated proceeding, the trial court found true that defendant had suffered one prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two prior prison terms (§ 667.5, subd. (b)). Defendant was sentenced to a total term of four 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 unconstitutionally overbroad. We reject this contention and affirm the judgment.
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