In re B.M.Annotate this Case
The Supreme Court reversed the judgment of the Court of Appeal rejecting Defendant’s argument that insufficient evidence supported the juvenile court’s finding that Defendant’s use of a knife with a dull tip and slightly erred edge, referred to as a “butter knife,” violated Cal. Penal Code 245(a)(1), holding that the evidence was insufficient to sustain a finding that the knife at issue was used as a “deadly weapon” for purposes of the statute.
Section 245(a)(1) prohibits assaulting another person with a deadly weapon or instrument other than a firearm. On appeal, defendant argued that the juvenile court erred in finding that she violated the statute because she had not used the butter knife at issue in a manner that was “capable of producing and likely to produce death or great bodily injury.” See People v. Aguilar, 16 Cal.4th 1023, 1029 (1997). The Court of Appeal affirmed. The Supreme Court reversed, holding (1) consistent with settled principles, for an object to qualify as a deadly weapon based on how it was used, the defendant must have used the object in a manner both “capable of producing” and “likely to produce” each or great bodily injury; and (2) even if Defendant’s use of the butter knife were capable of causing great bodily injury, there was no substantial evidence that it was likely to do so.