People v. DeLaCruz

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 Code 1 section 12403.7, subdivision (a)(8), but not under the more general provisions of section 375, subdivision (d).

Facts and Procedural Background

On the night of April 6, 1991, appellant was working as a security guard for O’Neal Security at the Taco Bell restaurant in Porterville. He was armed with a chemical Mace dispenser. He had received training in, and was certified for the use of, various weapons,…