What is the test for "use" of a deadly weapon?

California, United States of America


The following excerpt is from People v. Morgavo-Chasteen, 2d Crim. No. B296360 (Cal. App. 2020):

"Use" of a deadly weapon does not require infliction of harm. "'[T]here need not be conduct which actually produces harm but only conduct which produces a fear of harm or force by means or display of a [weapon] in aiding the commission of one of the specified felonies. "Use" means, among other things, "to carry out a purpose or action by means of," to "make instrumental to an end or process," and to "apply to advantage." [Citation.]'" (People v. Masbruch (1996) 13 Cal.4th 1001, 1007 (Masbruch), italics

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