People v. Mitchell

Defendant entered pleas of not guilty and not guilty by reason of insanity to two counts charging him, respectively, with possession of marijuana and with planting and cultivating marijuana, each a violation of section 11530 of the Health and Safety Code. Defendant admitted that he had suffered two prior felony convictions. A jury found him guilty as charged. After a jury waiver in the separate trial on the issue of his sanity, the court found that he was sane at the time of the commission of the offenses. Probation and new trial motions were denied and defendant was sentenced to prison on each count, the terms to run concurrently. This is an appeal from the judgment entered.

Defendant raises a number of contentions only one of which we feel called upon to discuss at any length, The principal thrust of defendant’s argument on appeal is directed to what in effect was his sole defense at the trial on the issue of his guilt. He argued then and he contends now that his use of marijuana was in accordance with his religious beliefs, and therefore, he had a constitutionally protected right to possess and use the narcotic. We conclude, for the reasons hereinafter set out, that this was…