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Name: People v. Law
Case #: C063221
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/20/2011

Circumstantial evidence may be relied on as evidence of gun use. Testimony that the defendant brandished a big, black gun and fired three shots at the victims is sufficient to sustain a firearm arming or use enhancement. People v. Monjaras (2008) 164 Cal.App.4th 1432 held that circumstantial evidence is sufficient to support the sentence enhancement imposed pursuant to Penal Code section 12022.53 subdivison (b), and was expressly published to put an end to such a “moribund claim.” The challenge to Monjaras and the argument that it might have been something other than a firearm, such as a starter pistol, toy, or pellet gun were rejected as lacking merit.