Is a defendant's possession of a razor blade admissible under section 190.3 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):

Defendant contends the trial court abused its discretion because there was no evidence he intended to use the razor blade to attack anyone and, therefore, his possession did not constitute the use or attempted use of or express or implied threat to use violence. We previously rejected this argument in People v. Wallace (2008) 44 Cal.4th 1032, 81 Cal.Rptr.3d 651, 189 P.3d 911, in which the defendant similarly argued that simple possession of a razor blade, without evidence that he had threatened to use it, is not admissible under section 190.3, factor (b). "As we have previously explained, mere possession of a potentially dangerous weapon in custody involves an implied threat of violence.... [Citation.] The circumstances of defendant's

[2 Cal.5th 119]

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