P. v. Vital
Marvin Leo Vital, Jr., was charged in an information with one count of custodial possession of a weapon (Pen. Code, § 4502, subd. (a)). Vital pleaded not guilty and the matter proceeded to jury trial.
According to the evidence presented a trial, in July 2014, Vital occupied a four-bed cell at the Los Angeles County Jail. On July 3, 2014, Los Angeles County Sheriff Deputy Nicholas Baray found a sharpened piece of plastic, capable of being used as a weapon or shank, hidden inside a wrist brace among other items that were on top of Vital’s bed. After Deputy Baray advised Vital of his right to remain silent, to the presence of an attorney and, if indigent, to appointed counsel (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]), Vital admitted the wrist brace belonged to him and he had been given the plastic shank.
Comments on P. v. Vital