Heath

*700 Opinion

Defendant was convicted by a jury of:

With respect to count 1, the jury found true two special allegations:

The court sentenced defendant to a total term of six years. Defendant argues there was: (1) insufficient evidence methamphetamine was manufactured (count 1); (2) error in instructing manufacturing includes all stages of production; (3) insufficient evidence defendant aided and abetted in manufacturing; (4) error in not instructing sua sponte that defendant had to form the intent to aid and abet manufacturing prior to or during the offense; (5) insufficient evidence defendant or any other principal was armed; (6) insufficient evidence defendant possessed methamphetamine while armed (count 2); (7) insufficient evidence defendant possessed a deadly weapon (count 3); (8) prosecutorial misconduct in misrepresenting the effect of a stipulation; (9) improper multiple punishment (Pen. Code, § 654) for being armed in count 1 and for possession of a controlled substance with a firearm in count 2; (10) improper multiple punishment in count 1 for being personally armed and for a principal being armed; (11) abuse of discretion in finding no unusual circumstances…