People v. Pena
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
THAXTER, J.
Health and Safety Code section 11550, subdivision (e) (section 11550(e)) imposes an additional penalty for anyone under the influence of specified controlled substances while in the “immediate personal possession” of a loaded, operable firearm, At issue is whether the statute applies when the firearm was inside a pouch on the passenger side of an unlocked toolbox in the bed of the pickup truck appellant was driving. We conclude it does not and will reverse appellant’s conviction for violation of section 11550(e). In all other respects the judgment will be affirmed.
Facts
On…
2Cases cited17 opinions
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- New York v. BeltonSupreme Court of the United States · 1981
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Muscarello v. United StatesSupreme Court of the United States · 1998
- People v. OverstreetCalifornia Supreme Court · 1986
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