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PEOPLE v. HAMILTON

Docket No. D026836.

61 Cal.App.4th 149 (1998)

THE PEOPLE, Plaintiff and Respondent, v. BERNARD LEE HAMILTON, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

January 29, 1998.

Attorney(s) appearing for the Case

COUNSEL

Sharon L. Rhodes, under appointment of the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Keith I. Motley and Pat Zaharopoulos, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BENKE, J.

Charged with four counts of attempted premeditated murder and other related offenses, Bernard Lee Hamilton was convicted of the lesser related offense of use of a tear gas weapon. In this opinion we conclude that to be guilty of the unlawful use of a tear gas weapon, it is unnecessary that the weapon be either loaded or operable.

FACTS

A. Prosecution Case

On October 28, 1995, Kristina...

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