People v. Clark

A jury convicted Harvey Lee Clark of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of methamphetamine while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a)) and being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)). Clark admitted he had suffered a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).

On appeal, Clark contends the court erred in instructing the jury on a “loaded” firearm and the firearm, as a matter of law, was not loaded. Clark also contends the evidence was insufficient to support a finding he possessed or was “armed” with a firearm, and his conviction for possession of methamphetamine must be reversed “because the case was a close one and the court committed numerous errors having a highly prejudicial cumulative effect.” We conclude, as a matter of law, the firearm here was not loaded within the meaning of Health and Safety Code section 11370.1, subdivision (a) and accordingly, we reverse the conviction on that count. In all other respects, we affirm.

Facts

On September 1, 1994, the sheriff’s narcotics unit executed a search…