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PEOPLE v. BELMARES

No. F039060.

130 Cal.Rptr.2d 400 (2003)

106 Cal.App.4th 19

The PEOPLE, Plaintiff and Respondent, v. Edward BELMARES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied April 30, 2003.

Attorney(s) appearing for the Case

Tara K. Allen, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GOMES, J.

FACTUAL AND PROCEDURAL HISTORY

After starting to argue and fight with two young men, Edward Belmares (convicted herein as Edward Balmares) hit one on the head with a rock. Two deputy sheriffs who struggled to restrain him pepper-sprayed him, took him to the ground, and secured his legs to his handcuffs before he finally stopped kicking and yelling.1

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