Does Section 4502, subdivision (a) of the California Penal Code prohibit the possession of a sharpened pencil designed to be used as a pencil?
California, United States of America
The following excerpt is from The People v. Hernandez, Consol. with G043248, G043247, Super. Ct. No. 09NF2121, Super. Ct. No. 09NF2339 (Cal. App. 2010):
Citing dicta declaring a "person would understand... section 4502, subdivision (a) does not apply to a sharpened pencilwhich ordinarily is used for a legitimate and necessary purposeunless the inmate uses the pencil as a weapon" (People v. Custodio, supra, 73 Cal.App.4th at p. 812), defendant argues "[c]onstruing the statute to prohibit the possession of a modified pencil designed to be used as a pencil would
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