Is there any case law that supports the argument that a defendant should not have used a firearm?
California, United States of America
The following excerpt is from People v. Wajeel, E053644 (Cal. App. 2012):
Although defendant purports to challenge the sufficiency of the evidence to support the firearm use allegation, he has not made any argument or cited any authority specifically addressing that issue. The issue therefore has not been properly raised. (People v. Lindberg, supra, 45 Cal.4th at p. 51, fn. 14.)
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