California, United States of America
The following excerpt is from People v. Paredes, B247650 (Cal. App. 2014):
6. The instruction given by the court stated, "'When a defendant commits a robbery by displaying an object that looks like a gun, the object's appearance and the defendant's conduct and words in using it may constitute sufficient circumstantial evidence to support a finding that it was a firearm. The victim's inability to say conclusively that the gun was real and not a toy does not create a reasonable doubt as a matter of law that the gun was a firearm.'" (People v. Hunter, supra, 202 Cal.App.4th at p. 267.) This language was taken from an appellate decision discussing the sufficiency of the evidence from which a jury may infer that a firearm was used in the commission of an offense. (See id. at p. 277.)
7. In fact, Paredes answered "yes" when asked, "You had a normal childhood?"
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