Frazier

Convicted of cultivation of marijuana, possession of marijuana for sale, and several other charges, defendant challenges the jury instruction the trial court gave (CALJIC No. 12.24.1) on the Compassionate Use Act of 1996. He argues the portion of that instruction which states, “[t]o establish the defense of compassionate use, the burden is upon the defendant to raise a reasonable doubt as to guilt of the unlawful possession or cultivation of marijuana,” impermissibly “suggests] to the jury that a criminal defendant has the burden to prove his own innocence.” It does not. This instruction accurately states the defendant’s obligation to raise a reasonable doubt that his possession was unlawful. (People v. Mower (2002) 28 Cal.4th 457, 481 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ] (Mower).) We further reject defendant’s challenges to the trial court’s instructions on who may be a primary caregiver under the Compassionate Use Act, the application of the Medical Marijuana Program Act, the denial of defendant’s motion to suppress brought on the first day of trial, and defendant’s challenge to the imposition of the upper term sentence. We shall affirm.

FACTUAL AND PROCEDURAL…