California Court of Appeal

Knowledge that a firearm is loaded and operable is not an element of the felony offense under Health and Safety Code section 11370.1 regarding possession of a substance containing cocaine while armed with a loaded, operable firearm.

Appellate Information

• Decided 11/28/2005
• Published 11/29/2005

Judges

• SIMONS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and Allan Yannow, Deputy Attorneys General.


• For Appellees:
  
• Irma Castillo, under appointment by the Court of Appeal, for Defendant and Appellant.