Is it sufficient to establish that the weapon used was a semiautomatic?

California, United States of America


The following excerpt is from People v. Vargas, F075657 (Cal. App. 2018):

Jurado's testimony that a "definitional thing" about semiautomatics was that they eject the shell casing is sufficient to establish that the weapon used was a semiautomatic, not another type of firearm. The jury was instructed on the definition of a semiautomatic firearm and a firearm. We presume the jury understood and followed these instructions. (People v. Sanchez (2001) 26 Cal.4th 834, 852.)

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