People v. Marbain CA1/3

Filed 9/29/14 P. v. Marbain CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A139387

v. DAVID RENE MARBAIN, (Sonoma County Super. Ct. No. SCR594444) Defendant and Appellant.

Defendant David Rene Marbain, who pleaded guilty to felony possession of concentrated cannabis, sought return of peyote that was seized along with marijuana at his residence. The trial court denied the motion for return of the peyote and rejected defendant’s claim that the peyote was intended for religious use. On appeal from the order denying return of the peyote, defendant claims the court improperly considered irrelevant facts as well as facts outside the record. Although the challenged order is nonappealable, we shall exercise our…