People v. Dunn

61 Cal.App.3d 12 (1976) 132 Cal. Rptr. 921 THE PEOPLE, Plaintiff and Respondent,

v.

WARREN COURTLAND DUNN, Defendant and Appellant.

Docket No. 13973. Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

July 19, 1976. [13] COUNSEL

Comstock, Farris, Joye & Welch and John M. Joye for Defendant and Appellant.

Burt Pines, City Attorney and Ward G. McConnell, Deputy City Attorney, for Plaintiff and Respondent.

OPINION

MARSHALL, P.J.

Defendant (hereinafter alternatively appellant) was arrested and later convicted for a violation of section 12025 of the Penal Code, which reads, in pertinent part, as follows:

"(b) Any person who carries concealed upon his person any pistol, revolver, or other firearm capable of being concealed upon the person without having a license to carry such firearm ... is guilty of a misdemeanor...."

The facts giving rise to defendant's arrest and subsequent conviction are set forth in the trial judge's engrossed settled statement and are, briefly, as follows: On the afternoon of January 26, 1975, defendant arrived at the Los Angeles International Airport to meet his sister's incoming flight. Since he himself was booked on a flight the following day, he took his luggage with him, intending to store it in an airport locker overnight. The airport X-ray inspection equipment revealed a handgun in defendant's suitcase. Defendant testified that he had packed his suitcase three or four days prior to this incident and had completely forgotten that he had included his 9mm semi-automatic pistol. The suitcase was locked.

(1) Defendant's sole contention on appeal is that his conduct did not constitute a violation of section 12025 in that the weapon was not carried concealed upon his person. Appellant does not dispute the fact that the weapon was both carried and concealed.