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Name: In re Do Kyung K.
Case #: H021300
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/18/2001
Subsequent History: Rev. den. 7/25/01

In construing the meaning of the statutory prohibition of possession of a “a razor with an unguarded blade” in Penal Code section 626.10, subdivision (a), the court concluded that simple possession of a razor blade alone does not violate the statute. Appellant was found on school grounds with a standard rectangular single-edged, flat, “heavy duty” metal razor blade about one-inch long by .75 inches wide. It was slightly rusted and old. The sharp edge was bare and had no guard on it. The opposite edge had a thin band enclosing it. The juvenile court found true an allegation that the minor had possessed a razor with an unguarded blade on school grounds in violation of section 626.10, subdivision (a); the minor was placed on probation. In this case of first impression the court searched for a definition of the statutory term “razor with an unguarded blade.” It concluded that the simple razor in question did not fall within the meaning of the statutory language and reversed the juvenile court’s finding. However, the court express “grave concern” about the possession of such an object on school grounds and suggested that the Legislature take prompt action to address this concern.