In Re Michael R.

People v. Michael R.

Good Law
120 Cal. App. 4th 1203·16 Cal. Rptr. 3d 291·2004 Cal. App. LEXIS 1204·2004 Daily Journal DAR 9153·2004 Cal. Daily Op. Serv. 6769
Court of Appeal of CaliforniaJuly 26, 2004F044624California1,129 words

Opinion

Opinion

Cornell, J.

This case presents a question of first impression. The issue is whether a box cutter constitutes a “razor with an unguarded blade” and therefore a weapon within the meaning of Penal Code section 626.10, subdivision (a). Reluctantly, we conclude that a box cutter does not fall within the purview of that code section.

PROCEDURAL AND FACTUAL SUMMARY

On May 13, 2003, appellant Michael R. was late in arriving to school at Northstar Academy. Pursuant to school policy, he was brought to the vice-principal’s office to be searched. When he walked into the vice-principal’s office, he removed a box cutter from his sweatshirt pocket and placed it on the desk.

The box cutter had a single-edged detachable blade, which was covered. The blade was designed to retract into the body of the box cutter but did not lock into place. The blade was retracted when Michael pulled it from his pocket and handed it to the vice-principal.

Michael stated he had been using the box cutter while at home the day before and had forgotten the box cutter was in his sweatshirt pocket when he left for school. He did not realize the box cutter was in his pocket until he put his hands in his pockets shortly…

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