Brach

People v. Brach

Good Law
115 Cal. Rptr. 2d 753·95 Cal. App. 4th 571
Court of Appeal of CaliforniaJanuary 30, 2002C037369California3,178 words

Opinion

Opinion

Sims, J.

Defendants Anne Marie Brach and William Sanford Gardner pleaded guilty to cultivating marijuana (Health & Saf. Code, § 11358) and possession of marijuana for sale (§ 11359). The trial court suspended imposition of sentence, placed defendants on probation, and ordered them to serve local jail terms.

At issue on appeal are conditions of probation requiring defendants to reimburse the Siskiyou County Sheriff’s Department for expenses incurred in the eradication of defendants’ marijuana. Defendants claim the People and the trial court failed to comply with sections 11470.1 and 11470.2, which set forth the procedures for recovery of eradication expenses. We conclude the claim is waived because neither defendant objected in the trial court. We shall therefore affirm the judgment.

Facts

Police found hundreds of healthy and cut marijuana plants in a greenhouse operated by defendants. Police seized a total of 540 plants. Defendants were charged with cultivating marijuana and possession of marijuana for sale. They subsequently reached a plea agreement with the prosecutor. Under the agreement, defendants pleaded guilty to the charges in exchange for guarantees they would receive…

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