California, United States of America
The following excerpt is from The People v. Alvesstone, E048695, No. SWF021032 (Cal. App. 2010):
A true finding on a personal use of a firearm enhancement requires only a showing of general criminal intent, i.e., it does not require that defendant have had any particular specific intent. (People v. Wardell (2008) 162 Cal.App.4th 1484, 1488.) "A gun use occurs 'in the commission of an offense if the gun use in fact objectively facilitated the commission of the offense. The issue is not one of the gun user's subjective mental state but of the objective role that the gun use played in the commission of the crime. The 'in
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the commission of element of a personal use enhancement does not encompass a specific intent requirement." (Id. at p. 1495.) "[A] gun is 'used' when there is evidence of gunrelated conduct coupled with the intent the gun-related action facilitate the crime...." (Alvarado v. Superior Court (2007) 146 Cal.App.4th 993, 1005.)
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