California Court of Appeal

Defendant's conviction under Health and Safety Code section 11370.1(a), for possession of a controlled substance while armed with a loaded operable firearm, does not constitute a "nonviolent drug possession offense," as defined in Penal Code section 1210(a), making him ineligible for probation and release on his own recognizance.

Appellate Information

• Decided 08/20/2004
• Published 08/20/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Deborah A. Kwast, Public Defender, Thomas Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, and Lee Blumen, Deputy Public Defender, for Petitioner Kenneth Robert Ogea.


• For Appellees:
  
• Tony Rackauckas, District Attorney, and Brian F. Fitzpatrick, Deputy District Attorney, for Respondent State of California.