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PEOPLE v. PLUMLEE

No. F054363.

166 Cal.App.4th 935 (2008)

THE PEOPLE, Plaintiff and Appellant, v. GARY PLUMLEE, Defendant and Respondent.

Court of Appeals of California, Fifth District.

September 10, 2008.

Attorney(s) appearing for the Case

Phillip J. Cline, District Attorney, Don H. Gallian and William E. Yoshimoto, Assistant District Attorneys, Barbara J. Greaver and John F. Sliney, Deputy District Attorneys, for Plaintiff and Appellant.

Susan D. Shors, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

WISEMAN, Acting P. J.—

A switchblade knife as defined in Penal Code section 653k1 can also be a dirk or dagger concealed on the person as defined in section 12020, even if it is concealed in its closed position. The superior court erred when, taking the contrary view, it refused to hold defendant Gary Plumlee to answer to a charge of violating section 12020 and later denied the People's motion to reinstate...

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