People v. Ball

Summary

The California Court of Appeal held that Penal Code section 417.3 requires an objective showing that firearm brandishing was conducted in a manner that would cause a reasonable person apprehension or fear of bodily harm, rather than proof that the victim subjectively experienced fear. The court reversed the order granting the defendant’s Penal Code section 995 motion and directed reinstatement of the firearm-brandishing count. The opinion was certified for publication on September 9, 2025.

Holdings

1. Penal Code section 417.3 establishes an objective test: the firearm must be exhibited in a threatening manner such that it would cause a reasonable person apprehension or fear of bodily harm; the victim need not actually experience fear.
2. Probable cause existed because the preliminary-hearing evidence provided a rational ground to assume that a section 417.3 offense had been committed and that Ball was guilty of it.

Questions Presented

1. Whether Penal Code section 417.3 requires the victim of firearm brandishing to subjectively experience fear or apprehension of bodily harm.
2. Whether the preliminary-hearing evidence established probable cause to hold Ball to answer on the section 417.3 count.
3. Whether the trial court properly set aside count 1 under Penal Code section 995.

Disposition

reversed_and_remanded