What constitutes "gratuitous violence" in the context of a carjacking?
California, United States of America
The following excerpt is from People v. Morehouse, F076241 (Cal. App. 2020):
Here, while defendant's threatening conduct escalated from pointing a knife at the victim to threatening to shoot the victim if he did not comply, it did not constitute "gratuitous violence" beyond that incidental to the carjacking. (People v. Nguyen, supra,
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