California, United States of America
The following excerpt is from People v. Flores, B232687 (Cal. App. 2012):
The prosecution has the burden of proving each element of a sentence enhancement beyond a reasonable doubt. (People v. Tenner (1993) 6 Cal.4th 559, 566.) The standard of review in a case involving the sufficiency of evidence of an enhancement allegation is to "review the record in the light most favorable to the judgment [citation] to determine whether substantial evidence supports the fact finder's conclusion, i.e., whether a reasonable trier of fact could have found that the prosecution had sustained its burden of proving the defendant guilty beyond a reasonable doubt. [Citation.]" (Id. at p. 567.)
"Use" of a weapon means, inter alia, "'"to carry out a purpose or action by means of,"'" and to "'"make instrumental to an end or process."'" (People v. Bland (1995) 10 Cal.4th 991, 997.)
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