Does a folding knife with a fixed blade of two and one-half to three inches in length constitute a dirk or dagger?

California, United States of America


The following excerpt is from People v. Walker, B264127 (Cal. App. 2016):

Further, there is no length requirement under section 21310. The Penal Code merely defines " 'dirk' or 'dagger' [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. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position." ( 16470; see also People v. Pettway (1991) 233 Cal.App.3d 1067, 1070 [a fixed blade of two and one-half to three inches in length was a dirk or dagger as set forth in 12020(a) [Repealed].)

We have also reviewed the entire record on appeal, and find that appointed counsel has fulfilled her duty, and that no arguable issues exist. (Wende, supra, 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.)

Page 7

The judgment is affirmed.

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