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Name: People v. Blake
Case #: B163498
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/06/2004
Subsequent History: Rev. den. 6/16/04
Summary

A chemical spray used to disable a victim during a robbery is a dangerous weapon for purposes of Penal Code section 12022, subdivision (b). Substantial evidence supported the jury’s finding that appellant had personally used a dangerous weapon when he sprayed victims in the face with pepper spray or mace. The question of whether the chemical substance is used as a weapon capable of inflicting great bodily injury is a matter for the jury to decide. The jury’s findings were supported by substantial evidence where the testimony showed that the victims suffered substantial, albeit transitory, respiratory distress, burning sensations, and blindness.