California, United States of America
The following excerpt is from People v. Bradshaw, F068007 (Cal. App. 2015):
Whether a defendant used or discharged a firearm in the commission of an enumerated offense is for the trier of fact to decide. (People v. Frausto, supra, 180 Cal.App.4th at pp. 896-897.) We review the sufficiency of the evidence to support an enhancement using the same standard we apply for conviction of the substantive offense. (Ibid.)
As we have explained, "a firearm is discharged 'in the commission of a felony within the meaning of section 12022.53 ... if the underlying felony and the discharge of the firearm are part of one continuous transaction .... Temporal niceties are not determinative and the discharge of a gun before, during, or after the felonious act may be sufficient if it can fairly be said that [it] was a part of a continuous transaction." (People v. Frausto, supra, 180 Cal.App.4th at p. 902.)
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