Definition of “Sharp Instrument”
October 26th, 2015

People v. Hayes (2009) 171 Cal. App. 4th 549, commented on CC 2745’s Bench Notes reference to People v. Custodia (1999) 73 Cal. App. 4th 807, 810-81, to define “sharp instrument.” Hayes concluded that the proper definition of “sharp instrument” which should be given to the jury in these types of cases is that “[a] sharp instrument is an instrument that is sharp and that can be used to inflict injury and that is not necessary for the inmate to have in his possession.” (Hayes, supra, at 560.) In response to Hayes, the CC Bench note deleted its citation to Custodia and now no longer defines “sharp instrument.”

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