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PEOPLE v. DeLaCRUZ

Docket No. F017092.

20 Cal.App.4th 955 (1993)

25 Cal. Rptr.2d 202

THE PEOPLE, Plaintiff and Respondent, v. MARIO GUSTAVO DeLaCRUZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

November 30, 1993.

Attorney(s) appearing for the Case

COUNSEL

James T. Wilson, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Michael Weinberger and Suzanne M. Ambrose, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THAXTER, J.

We hold here that a person certified to use chemical Mace in self-defense, but who does so not in self-defense, may be prosecuted under the special provisions of Penal Code1 section 12403.7, subdivision (a)(8), but not under the more general provisions of section 375, subdivision (d).

FACTS AND PROCEDURAL BACKGROUND

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