London
People v. London
Opinion
Opinion
King, J.
I. INTRODUCTION
A jury found defendant and appellant Christopher London guilty as charged of cultivating marijuana and possessing marijuana for sale. (Health & Saf. Code, §§ 11358 [cultivation], count 1, 11359 [possession for sale], count 2.) Defendant was sentenced to three years’ probation, subject to terms and conditions including that he serve 60 days in jail.
At trial, defendant claimed he was lawfully growing 100 marijuana plants for a medical marijuana collective under the Compassionate Use Act of 1996 (the CUA) (§ 11362.5) and the Medical Marijuana Program Act (the MMPA) (§ 11362.7 et seq.), and was therefore not guilty of unlawful marijuana cultivation (§ 11358), possession for sale (§ 11359), or the lesser included offense of marijuana possession (§ 11357).
In the nonpublished portion of this opinion, we reject defendant’s claims that the court erroneously denied his motion to suppression evidence of his 100 marijuana plants and his motion to exclude xmMirandized statements he made to police officers. In the published portion, we address defendant’s claims of evidentiary and instructional error concerning his lawful cultivation defense.