California, United States of America
The following excerpt is from People v. Granado, 49 Cal.App.4th 317, 56 Cal.Rptr.2d 636 (Cal. App. 1996):
Here there was no reasonable explanation for defendant's conduct other than a desire to facilitate the crime. After the victims ignored his initial demands for money, he removed the gun from his waistband, repeated his demands, and returned the gun to his waistband. This was not conduct incidental to possession. The most obvious explanation, indeed the only apparent one, was a deliberate display, intended to convey menace, for the purpose of advancing the commission of the offense. (See People v. Johnson, supra, 38 Cal.App.4th 1315, 1321, 45 Cal.Rptr.2d 602 ["No other purpose could be served by defendant moving the gun from his waistband to his hand"].) This was sufficient to establish "use" within the contemplation of section 12022.5(a).
[49 Cal.App.4th 326]
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