People v. Ayala CA4/2

statement of the case and identifying three potentially arguable issues: 1) whether the

court abused its discretion in denying defendant’s petition; 2) whether a sufficient factual

basis existed for the court’s denial of defendant’s petition; and 3) whether a conviction

for possession of a controlled substance while armed with a firearm can be classified as a

violent felony. We affirm the judgment.

PROCEDURAL HISTORY

On July 23, 1995, the People charged defendant by information with sale of a

controlled substance, methamphetamine (count 1; Health & Saf. Code, § 11379, subd.

(a))1; possession of a controlled substance, methamphetamine (count 2; § 11377, subd.

(a)); carrying a dirk or dagger (count 3; Pen. Code, § 12020, subd. (a)); possession of a

firearm by a felon, a .38 revolver (count 4; Pen. Code, § 12021, subd. (a)); possession of

a controlled substance, methamphetamine, with a firearm, a colt revolver (count 5;

§ 11370.1, subd. (a)); cultivating marijuana (count 6; § 11358); possession for sale of a

controlled substance, heroin (count 7; § 11351); possession of a controlled substance,

heroin (count 8; § 11350, subd. (a)); being under the influence of a…