California, United States of America
The following excerpt is from People v. Scott, C059200 (Cal. App. 5/7/2009), C059200 (Cal. App. 2009):
Moreover, as the People correctly point out, we rejected an argument similar to defendant's in People v. Monjaras. In Monjaras, we noted that circumstantial evidence alone is sufficient to support a finding that an object used by a robber was a firearm. (People v. Monjaras, supra, 164 Cal.App.4th at p. 1436.) A witness's "inability to say conclusively that the gun was real and not a toy does not create a reasonable doubt, as a matter of law, that the gun was a firearm." (Id. at p. 1437.) Rather, the jury can rely on defendant's own words and conduct and the surrounding circumstances of the robbery to support the finding. (Id. at pp. 1436-1437.) In Monjaras, we affirmed the jury's finding of a firearm use during the robbery despite the fact that the gun was not recovered. (Id. at p. 1439.)
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