P. v. O’Rourke CA4/2
Defendant and appellant, Manuel Robert O’Rourke, sprayed several people at a bus stop with pepper spray. Defendant appeals from the judgment entered following jury convictions for use of tear gas (Pen. Code, § 22810, subd. (g)(1); count 2) and unlawful use of tear gas (§ 22900; count 3). Defendant waived his right to a jury trial and admitted two prison priors (§§ 667.5, subd. (b), 1170.12, subds. (b), (c)(1)) and a serious or violent felony prior (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) as to count 2. The trial court sentenced defendant to seven years in prison.
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