What is the test used to determine whether a defendant used a firearm in the commission of an enumerated offense?
California, United States of America
The following excerpt is from People v. Morgan, B230674 (Cal. App. 2012):
As we recently explained: "'"Whether a defendant used a firearm in the commission of an enumerated offense is for the trier of fact to decide. (People v. Masbruch (1996) 13 Cal.4th 1001, 1007.) We review the sufficiency of the evidence to support an enhancement using the same standard we apply to a conviction. (People v.
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