P. v. Garcia
Defendant and appellant Edwin Omar Garcia (defendant) was convicted of carrying a concealed dirk or dagger. (Pen. Code, former § 12020, subd. (a)(4)[1]). On appeal, defendant contends that the trial court erred by denying his motion to suppress evidence, failing to instruct the jury on intent to conceal, ordering that he be restrained during trial, imposing a prior prison term enhancement pursuant to section 667.5, subdivision (b), failing to instruct the jury about lawful, transitory or momentary possession of the dirk or dagger, admitting into evidence defendant’s three prior convictions for impeachment purposes, and instructing the jury under CALCRIM 226, as modified. Defendant also contends that there is insufficient evidence to support the jury’s finding that the knife recovered on his person was a dirk or dagger, the prosecutor engaged in prejudicial misconduct by presenting false and misleading information and argument, and he is entitled to additional days of custody credit. In addition, defendant contends that the trial court erred in denying his Pitchess motion as to one law enforcement officer, and requests that we conduct an independent review of the in camera hearing regarding a second law enforcement officer to determine whether it discloses error by the trial court.
We order that defendant’s abstract of judgment be corrected to provide that he is entitled to additional custody credits. We otherwise affirm the judgment.
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