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PEOPLE v. OSKINS

No. B117298.

81 Cal.Rptr.2d 383 (1999)

69 Cal.App.4th 126

The PEOPLE, Plaintiff and Respondent, v. William S. OSKINS, Defendant and Appellant.

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

As Modified on Denial of Rehearing February 9, 1999.

Review Denied March 17, 1999.

Attorney(s) appearing for the Case

John F. Schuck, under appointment by the Court of Appeal, San Jose, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Marc J. Nolan and April L. Sylvester, Deputy Attorneys General, for Plaintiff and Respondent.

EPSTEIN, J.

Penal Code section 12020 makes it illegal to possess any of a long list of weapons. (All unlabeled statutory references are to the Penal Code.) Among them is a "dirk or dagger." Subdivision (c)(24) of the statute defines those terms as "a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death." The principal issue in this case is what, if any, mens rea is required...

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