P. v. Thomas
A jury found defendant and appellant Anthony Thomas, guilty of (1) carrying a concealed dirk or dagger (former Pen. Code, § 12020, subd. (a)(4) [eff. Jan. 2009]);[1] (2) possessing a device or paraphernalia for injecting or smoking a controlled substance (former Health & Saf. Code, § 11364, subd. (a) [eff. Jan. 2005]); and (3) willfully resisting, delaying, or obstructing a peace officer (former Pen. Code, § 148, subd. (a)(1) [eff. Jan. 2000]). The trial court found true the allegations that defendant suffered (1) a prior strike conviction (former Pen. Code, §§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)); and (2) a prior conviction for which he served a prison term (former Pen. Code, § 667.5, subd. (b)). The trial court sentenced defendant to prison for a term of five years.
Defendant contends (1) substantial evidence does not support his conviction for carrying a concealed dirk or dagger because the weapon was not capable of being readily used; and (2) the trial court miscalculated defendant’s conduct credits (§ 4019). We affirm the judgment.
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