What is the test for determining whether a toy gun was used in a robbery?

California, United States of America


The following excerpt is from People v. Paredes, B247650 (Cal. App. 2014):

6. The instruction given by the court stated, "'When a defendant commits a robbery by displaying an object that looks like a gun, the object's appearance and the defendant's conduct and words in using it may constitute sufficient circumstantial evidence to support a finding that it was a firearm. The victim'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.'" (People v. Hunter, supra, 202 Cal.App.4th at p. 267.) This language was taken from an appellate decision discussing the sufficiency of the evidence from which a jury may infer that a firearm was used in the commission of an offense. (See id. at p. 277.)

7. In fact, Paredes answered "yes" when asked, "You had a normal childhood?"

Other Questions


What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
What is the test for determining whether a defendant was involved in either a robbery or an attempted robbery at the time he shot and killed Felix? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a jury found appellant was a major participant in the robbery who acted with reckless indifference to human life and that the murder occurred during the robbery? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.