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After the victim had identified the defendant in court, the officer was called to the stand.

This testimony was adduced through a police officer who participated in the robbery and had given the victim a ride home immediately after the robbery. The trial court relied on the testimony of the victim, who said in one instance that defendant had a revolver and in another that defendant was holding a machine gun. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. Defendant’s defense was a credibility challenge, not an assertion that he could not have committed the crime because he was not carrying a weapon. The felonious intent of causing fear in a victim was not controverted. The element of fear was firmly established by the evidence. There was ample, but not uncontradicted, testimony that a weapon was used in the robbery.

Reversal is not necessary because of instructional error, nor is it warranted even though the court erred. Accordingly, we hold the error was not harmless. we cannot say beyond a reasonable doubt that the verdict would not have changed absent the error. If you like this add-on please consider donating and help us to keep add-on like this available for free. It is 100% free for download and always free to use.

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