What is the difference between a defendant's possession of a razor blade and a threat to kill a jailer?

California, United States of America


The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):

Defendant acknowledges our decision in Gutierrez, but he argues it is distinguishable because the defendant there made a threat to kill a jailer. We are not persuaded. As we have previously explained, mere possession of a potentially dangerous weapon in custody involves an implied threat of violence.... ( People v. Martinez (2003) 31 Cal.4th 673, 697, 3 Cal.Rptr.3d 648, 74 P.3d 748.) The circumstances of defendant's possession of the contraband, particularly when viewed together with his overall conduct while in custody-which included five rules violations for fighting-lead us to conclude that the trial court did not abuse its discretion in admitting the evidence of defendant's razor possession under section 190.3, factor (b).

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