November 24, 2008 By Wallin & Klarich

2006 switchblade felony conviction on appeal closes in favor of appellant, original charges reinstated

A December felony complaint against Gary Plumlee was recently reinstated the Superior Court of Tulare County. Plumlee was originally charged on December 4, 2006 with “carrying a dirk or dagger concealed upon the person” (pc 12020), a felony offense in California, and “using or being under the influence of methamphetamine.” Plumlee was picked up by a sheriff’s deputy at a Tule River Indian Reservation casino on august 26, 2006 after appearing intoxicated and “constantly moving around, unable to stay still.” The deputy searched Plumlee and found a closed switchblade in his pocket. Eventually Plumlee was taken into custody and tested positive for methamphetamine.

Plumlee contested the dirk and dagger charge claiming that the switchblade could not be considered a “dirk or dagger” unless it was in the open and locked position; the court eventually ruled against the plaintiff, denying the 12020 charge and reducing the charge to a violation of penal code 653k, a misdemeanor weapons charge. In December of 2007, an appeal was filed to reinstate the 12020 charge but was denied based on the fact that section 653k is “a very specific statute” and as such section 12020 does not apply.

This most recent California appeal case was successfully filed by the district attorney, Phillip J. Cline. The court decided to reinstate Plumlee’s original charged offense, violation of section 12020 subdivision (a) (4) after the court ruled that there was rational ground for believing Plumlee committed the charged offense. The court concluded the following, “the court erred as a matter of law and the charge may be reinstated.”

If you or someone you love is being faced with an appeal, don’t hesitate to get an attorney! The fact that the court has previously closed your case does not mean that the charges cannot be reinstated! You need a qualified and aggressive California felony defense attorney to fight for you and your freedom to ensure that old charges don’t cause you new problems. Call a Wallin and Klarich associate 24 hours a day 7 days a week at 1-888-749-0034 or find us online at www. Our 30 years of experience and network of aggressive attorneys is sure to give you the help you need.

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