Martinez

Edward L. Martinez appeals his conviction for possession of a deadly weapon in county jail, in violation of Penal Code section 4574, *907 subdivision (a). 1 On appeal, he contends the items found in his cell did not amount to deadly weapons, and that the trial court committed reversible error in defining “deadly weapon” as an item that has the “reasonable potential,” rather than the “reasonable likelihood,” of being used “in a manner that would cause great bodily injury or death.” We shall affirm the judgment.

Factual and Procedural Background

On July 24, 1997, appellant was charged with possession of a deadly weapon while lawfully confined in county jail, a violation of section 4574, subdivision (a). The complaint also alleged the following enhancements: (1) two prior strike convictions, enhancements under section 1170.12; and (2) four prior prison convictions, enhancements under section 667.5, subdivision (b).

At trial, the following evidence was presented: On May 15, 1997, Sonoma County Correctional Officer Jeffrey Dicello entered appellant’s jail cell and found a “Swiss Army knife-type knife,” a nail clipper with attachments, and a Bic cigarette lighter rolled up…