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PEOPLE v. HEATH

No. A107676.

36 Cal.Rptr.3d 66 (2005)

134 Cal.App.4th 490

The PEOPLE, Plaintiff and Respondent, v. Darvin HEATH, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

November 28, 2005.

Attorney(s) appearing for the Case

Irma Castillo, under appointment by the Court of Appeal, for Defendant and 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.

Certified for Partial Publication.*

SIMONS, J.

Health and Safety Code section 11370.1, subdivision (a) (hereafter section 11370.1(a)) provides, in pertinent part, "every person who unlawfully possesses any amount of a substance containing cocaine base, a substance containing cocaine, ... a substance containing methamphetamine ... while armed with a loaded, operable firearm is guilty of a felony punishable by

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