PEOPLE v. RUBALCAVA

No. S081209.

96 Cal.Rptr.2d 735 (2000)

23 Cal.4th 322

1 P.3d 52

The PEOPLE, Plaintiff and Respondent, v. Ernesto Arnoldo RUBALCAVA, Defendant and Appellant.

Supreme Court of California.

June 12, 2000.


Attorney(s) appearing for the Case

George A. Winkel, Hemet, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Keith I. Motley and Randall D. Einhorn, Deputy Attorneys General, for Plaintiff and Respondent.


BROWN, J.

In this case we consider whether the unlawful carrying of a concealed dirk or dagger is a specific intent crime that imposes a sua sponte duty on trial courts to instruct with CALJIC No. 12.42. We conclude the offense does not have a specific intent requirement. Thus, courts have no duty to instruct the jury with CALJIC No. 12.42.

FACTUAL AND PROCEDURAL BACKGROUND

On or about July 29, 1997...

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