California Court of Appeal

Defendant's challenge to his conviction for possession of a controlled substance in violation of Health and Safety Code section 11350(a), on the ground that it is a lesser included offense of possession of a controlled substance while armed with a firearm, in violation of section 11370.1, of which he was also convicted on the basis of the same conduct, is rejected where some of the controlled substances listed in 11370.1(a) are not listed in 11350(a), thereby making it possible to commit the putatively greater offense without committing the putatively lesser offense.

Appellate Information

• Decided 10/30/2012
• Published 10/30/2012

Judges

• Rothschild

Court

• California Court of Appeal

Counsel