People v. Vo CA5

INTRODUCTION

Appellant John Van Vo contends his conviction for violating Health and Safety Code section 11360, subdivision (a), unlawful transportation of marijuana, should be reversed because the trial court erred in denying his motion to suppress and in refusing to instruct the jury with a special instruction on the affirmative defense of marijuana collectives. We reject his claims of error and will affirm.

FACTUAL AND PROCEDURAL SUMMARY

Fresno County Sheriff’s Deputy Jacob Jensen was working highway enforcement on Interstate 5 (I5) in Fresno County on April 26, 2011. Jensen was in uniform, using a marked Sheriff’s Department patrol vehicle, and accompanied by his partner, Detective Israel Rubacalva. While patrolling around 11:00 a.m. on southbound I5, Jensen spotted a gray Hyundai following a silver Lexus too closely, traveling around 70 miles per hour. Jensen carried out a standard vehicle stop and after the Hyundai pulled over, Jensen saw that Vo was the driver and sole occupant. As Jensen approached Vo, he saw two large buckets in the rear of Vo’s vehicle labeled “Ona Gel, fresh linen” and saw that Vo was wearing a shirt marked “Kush Life.” Through his prior narcotics…