Does possession of a gun demonstrate that defendant considered the possibility of murder in advance, and intended to use it?

California, United States of America


The following excerpt is from People v. Flores, G044509 (Cal. App. 2012):

Here, the evidence showed that defendant was carrying a loaded weapon on the street for several hours, a fact relevant to planning. From possession of a weapon, the jury can infer an intent to use the gun to kill. (See People v. Young (2005) 34 Cal.4th 1149, 1183 [possession of gun demonstrates defendant "'considered the possibility of murder in advance' and intended to kill"].) Defendant argues the gang expert testified that gang members often carry guns to protect the gang's turf, but that does not negate the inference that one who carries a gun is prepared to use it.

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