Victim Does Not Have to See or Perceive Firearm for Enhancement to Apply

12Apr12

Defendant’s admissions that he pointed shotgun alongside accomplice–as accomplice aimed rifle at intended victim–and pulled the trigger to make a “click” noise, thereby emboldening accomplice to shoot, were sufficient to support firearms enhancement, even if shotgun was inoperable and unseen by anyone else. There is no requirement that victim see or perceive firearm for enhancement to apply.      People v. Thiessen

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