People v. Mitchell
209 Cal. App. 4th 1364
Cal. Ct. App.2012Background
- Kenyatta Mitchell was convicted of carrying a concealed dirk or dagger under former Penal Code § 12020(a)(4).
- Mitchell testified he carried the knife for fishing and self-defense and claimed it was not concealed.
- A 11-inch knife with a 5-inch blade was found concealed on Mitchell after he leaned forward at a trolley station.
- Mitchell elected to represent himself at trial; the jury verdict followed by admissions to prior prison term and strike allegations.
- Mitchell was sentenced to five years: four years for the offense and one year for a prior prison term.
- Mitchell challenged the statute’s constitutionality and asked for an instruction on intent to conceal; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the concealment ban | Mitchell contends the statute violates the Second Amendment per Heller. | Mitchell argues the ban is unconstitutional facially and as applied to him. | Statute upheld; intermediate scrutiny applied and deemed constitutional. |
| Necessity of a specific intent to conceal instruction | Mitchell claims the jury should have been instructed on intent to conceal as an element. | Mitchell asserts lack of instruction on specific concealment intent was error. | No sua sponte instructional error; intent to conceal not a separate element beyond general intent. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (recognizes right to bear arms with limits; supports partial restrictions on bearing weapons)
- People v. Rubalcava, 23 Cal.4th 322 (Cal. 2000) (knowledge element in concealed-weapon offense; no specific concealment intent required)
- In re Luke W., 88 Cal.App.4th 650 (Cal. App. 2001) (concerning exceptions for knives carried openly or non-switchblade folding knives)
- In re George W., 68 Cal.App.4th 1208 (Cal. App. 1998) (knife classifications and concealment concepts under § 12020)
- People v. Yarbrough, 169 Cal.App.4th 303 (Cal. App. 2008) (concealed-carry statutes with Heller context; public-safety rationale)
- People v. Ellison, 196 Cal.App.4th 1342 (Cal. App. 2011) (intermediate scrutiny and permitted limitations on weapon carry post-Heller)