California, United States of America
The following excerpt is from People v. Lewis, 229 Cal.App.3d 259, 280 Cal.Rptr. 128 (Cal. App. 1991):
Defendant attempts to make two points with respect to this testimony. First, he argues that he did not actually use the razor blade; he only threatened to use it. Defendant cites People v. Garfield (1979) 92 [229 Cal.App.3d 265] Cal.App.3d 475, 479-480, 154 Cal.Rptr. 869, which stands for the proposition that mere possession of a weapon is not cognizable as a circumstance in aggravation under rule 421. Second, he argues that "[t]he blade was discarded long before the rape occurred...."
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