California Court of Appeals, Second District, Fifth Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
APPEAL from an order of the Superior Court of Los Angeles County. No. BA421048, Clifford L. Klein, Judge.
[Copyrighted Material Omitted]
Jackie Lacy, District Attorney, Phyllis C. Asayama and Scott D. Collins, Deputy District Attorneys, for Plaintiff and Appellant.
Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Respondent.
Defendant Steven Wade was held to answer on a charge of carrying a loaded firearm on his person (Pen. Code, § 25850, subd. (a)). Preliminary hearing testimony established that defendant was wearing a backpack containing a loaded revolver while being pursued by a police officer. The trial court granted defendant’s section 995 motion to dismiss, finding that defendant did not carry the firearm on his person under the reasoning in People v. Pellecer (2013) 215 Cal.App.4th 508 [155 Cal.Rptr.3d 477] (Pellecer), which held that a knife contained in a backpack is not carried “on the person.' " (Id. at p. 513.)
On appeal by the People, we reverse. A defendant wearing a backpack containing a firearm carries the firearm on his or her person. We decline to apply the reasoning in Pellecer, supra, 215 Cal.App.4th 508, to possession of a firearm concealed in a backpack in light of the historical interpretation of “carries a loaded firearm on the person" (§ 25850, subd. (a)) in California, which is in accord with decisions from other jurisdictions considering language similar to section 25850, subdivision (a).
Section 25850, subdivision (a) provides as follows: “A person is guilty of carrying a loaded firearm when the person carries a loaded firearm on the person or in a vehicle while in any public place or on any public street.” The issue presented is whether a person wearing a backpack ...