People v. B.M. (In Re B.M.)
California Court of Appeal
1Opinion of the CourtYegan, Acting P.J.
*1294 A common butter knife is designed to cut and spread butter. In the hand of a person bent on assaulting another, it may be a useful tool to inflict great bodily injury. Consistent with an express direction from the California Supreme Court *1295 ( People v. McCoy (1944) 25 Cal.2d 177 , 188-189, 153 P.2d 315 ) and time-honored rules on appeal, we conclude that the trial court's factual finding that the instant butter knife was a deadly weapon must be affirmed on appeal. To the extent that In re Brandon T. (2011) 191 Cal.App.4th 1491 , 120 Cal.Rptr.3d 637 holds to the contrary, we respectfully…
2Cases cited15 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Denham v. Superior CourtCalifornia Supreme Court · 1970
- People v. MauryCalifornia Supreme Court · 2003
- People v. GrahamCalifornia Supreme Court · 1969
- People v. AguilarCalifornia Supreme Court · 1997
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3Cited by4 opinions
- People v. Koback, California Court of Appeal, 5th District2018
- In re B.M.California Supreme Court · 2018
- People v. KobackCalifornia Court of Appeal · 2018
- People v. KobackCalifornia Court of Appeal · 2018