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PEOPLE v. SISNEROS

Docket No. B107281.

57 Cal.App.4th 1454 (1997)

THE PEOPLE, Plaintiff and Respondent, v. RICKEY SAM SISNEROS, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

September 30, 1997.

Attorney(s) appearing for the Case

COUNSEL

John L. Holmes for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Marc E. Turchin and Kent J. Bullard, Deputy Attorneys General, for Plaintiff and Respondent.

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).)1 We conclude the device, which requires some degree of assembly to be used as a knife, was not so "capable," and reverse the conviction...

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