California, United States of America
The following excerpt is from People v. Brookins, 215 Cal.App.3d 1297, 264 Cal.Rptr. 240 (Cal. App. 1989):
The last of their arguments, while possessing some surface attraction, ultimately cannot be sustained. Section 667.7, in addition to qualifying robberies involving the use of a deadly weapon as priors satisfying the prerequisites for imposition of the enhancement, also qualifies robberies "involving the use of force." The section 12022.5 personal use of a firearm enhancement connected with the defendant's 1980 robbery conviction determined at a minimum the defendant displayed the firearm in a menacing manner. (People v. Turner (1983) 145 Cal.App.3d 658, 684, 193 Cal.Rptr. 614.) From this factual predicate the People argue that the commission of a robbery with the use of a gun necessarily constitutes a robbery by force.
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