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Name: People v. Mayberry
Case #: C053116
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/15/2008

A weighted workout glove containing sand is not a “sandbag” or “sandclub” for purposes of statute prohibiting their possession. Appellant Mayberry battered the victim with a standard weighted workout glove which contained sand in the palm area. He was convicted of battery with serious bodily injury and possession of a dangerous weapon in violation of Penal Code section 12020, subdivision (a)(1). On appeal, Mayberry claimed that the workout glove was not within the list of weapons prohibited by the last clause of section 12020, subdivision (a)(1), which prohibits possession of a “sandclub or sandbag.” The appellate court agreed and reversed that count. A workout glove is not commonly known as a sandclub or sandbag regardless that it contained sand or was used to hit a victim in the face. The workout glove was not altered to make it a sandbag, and mere use of an item doesn’t transform it into a proscribed item.