New Court Ruling Affirms That Wording of Possessing a “Sharp Instrument” in a Correctional Setting (4502 P.C.) is Constitutional

By Ray Hill 
Professor Emeritus, Santa Rosa Junior College 

Case Citation: Peo. v. Valle, 2DCA #B338909 (7/14/25, 2025 WL 1922434, 2026 Cal App. Lexis 451). 

Facts: The defendant was an inmate in the California Men’s Colony, San Luis Obispo. A search of his cell recovered a 14-inch-by-1-inch, non-flexible piece of plastic sharpened to a point. The defendant was convicted of possessing a “sharp instrument” under 4502 P.C. This was his third strike and he was sentenced to 25 years to life. 

He appealed his conviction, contending the statute wording is unconstitutionally vague. A “sharp instrument” is not specifically defined or described in the statute and these words could have numerous meanings in common usage.  

Held: 2DCA ruled the wording in 4502 P.C. was not unconstitutionally vague on its face. Although a “sharp instrument” is not defined, the statute provides sufficient notice that a sharpened plastic object resembling a knife is prohibited. A reasonable person would understand that such an object is capable of inflicting injury and presents a danger to other inmates and staff (in the court’s words: “This is a lethal weapon”). The fact the object was concealed showed defendant knew such possession was prohibited. In fact, when told of the discovery, defendant ....