What is the burden of carrying out brandishing on a defendant?

Defendant has not carried his burden here. The record reflects that the trial court, aware of its discretion, considered defendant's unique situation before declining to strike the enhancements. The court's consideration of "the fashion that [the gun] was used" was not improper, as pointing a firearm at a victim during a carjacking and robbery reasonably may be viewed as an aggravating circumstance, in contrast to simply passively holding or displaying the firearm. (See People v. Steele (2000) 83 Cal.App.4th 212, 218 ["Even though most assaults with a firearm undoubtedly include conduct fitting into the definition of brandishing, it has long been held that brandishing is a lesser related offense"]; Cal. Rules of Court, rule 4.428(b) ["the court may consider the effect that striking the enhancement would have on . . . the accurate reflection of the defendant's criminal conduct on his or her record"].)⁴