Can a jury reasonably find that a defendant's own words and conduct in the course of the offense support a fact finder's determination that he used a loaded weapon?
California, United States of America
The following excerpt is from The People v. Lochtefeld, 77 Cal. App. 4th 533, 91 Cal.Rptr.2d 778 (Cal. App. 2000):
"[N]one of the[se] . . . distinctions alters either the basic principle we glean from the cases or its import for this case: A defendant's own words and conduct in the course of an offense may support a rational fact finder's determination that he used a loaded weapon. We cannot say the jury could not reasonably make such a determination here." (People v. Rodriguez, supra, 20 Cal.4th at p. 13.)
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