Hopkins

Defendant Eric Eugene Hopkins appeals from an order denying his motion for return of property following the prosecution’s dismissal of marijuana-related charges because the marijuana was legally possessed under the Compassionate Use Act of 1996. (Health & Saf. Code, § 11362.5.)

BACKGROUND

Defendant was charged with transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), and possession of more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (c)), in a felony complaint. On March 26, 2008, criminal charges were dismissed on motion of the prosecutor. On April 14, 2008, defendant made a nonstatutory motion for return of property. The basis for the motion was that the marijuana had been legally possessed pursuant to the Compassionate Use Act. (Health & Saf. Code, § 11362.5.) On April 17, 2008, the motion was denied. Defendant appealed.

DISCUSSION

At his request, this court appointed counsel to represent defendant on appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ] and Anders v. California (1967) 386 U.S. 738 [ 18 L.Ed.2d 493 , 87 S.Ct. 1386 ], setting forth a…