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PEOPLE v. HAYES

No. C057345.

171 Cal.App.4th 549 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JAMES HAYES, Defendant and Appellant.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

John Ward, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, and Jeffrey D. Firestone, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

SIMS, Acting P. J.

Defendant James Hayes appeals following a conviction for possessing/carrying a "sharp instrument" upon his person while confined in a penal institution. (Pen. Code, § 4502, subd. (a).1)

As pertinent, the trial court instructed the jury, "A sharp instrument is an instrument that can be used to inflict injury and that is not necessary for the inmate to have in his possession." This instruction...

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