The Third Appellate District reversed a judgment of conviction. In the published portion of its opinion, the court held that a jury instruction defining a “sharp instrument” which omitted the element that the item had to be “sharp” as that term is commonly used was erroneous.
James Hayes was convicted under Penal Code §4203(a) of possessing/carrying a “sharp instrument” upon his person while confined in a penal institution. During a search of Hayes’ cell, a correctional officer had found a black object of hard plastic, about three and one-half inches long, rounded on one end, and sharpened to a point on the other end.
