What is the test for determining whether a defendant used or discharged a firearm in the commission of a qualifying offense?

California, United States of America


The following excerpt is from People v. Combs, B270594 (Cal. App. 2018):

Whether a defendant used or discharged a firearm in the commission of a qualifying offense is a question of fact. (People v. Masbruch (1996) 13 Cal.4th 1001, 1007.) We review the sufficiency of the evidence to support the enhancement according to accepted rules of appellate reviewwe view the record in the light most favorable to the prosecution and may not reverse the judgment "if ' "any rational trier of fact could have found the essential elements of the [enhancement] beyond a reasonable doubt." ' " (People v. Carrasco (2006) 137 Cal.App.4th 1050, 1057.)

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