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PEOPLE v. PEÑA

No. F029915.

88 Cal.Rptr.2d 656 (1999)

74 Cal.App.4th 1078

The PEOPLE, Plaintiff and Respondent, v. Kelly Dion PEÑA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied December 21, 1999.

Attorney(s) appearing for the Case

Landra E. Rosenthal, under appointment by the Court of Appeal, Berkeley, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Shirley A. Nelson and Craig S. Meyers, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

THAXTER, J.

Health and Safety Code section 11550, subdivision (e) (section 11550(e)) imposes an additional peñalty 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...

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