People v. Mulcrevy CA3

— Defendant Sean Patrick Mulcrevy contends the trial court violated his due process rights by erroneously precluding him from presenting the affirmative defense that he was permitted to possess concentrated cannabis pursuant to the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5), and there is insufficient evidence to support the finding he violated his probation by possessing concentrated cannabis because he has an adequate physician’s recommendation. The Attorney General agrees, and so do we. Accordingly, we reverse the judgment that defendant violated his probation by possessing concentrated cannabis.

FACTUAL AND PROCEDURAL BACKGROUND

In 2011, defendant pleaded no contest to unlawful exhibition of a firearm (Pen. Code, § 417, subd. (a)(2)) and grand theft (Pen. Code, § 487, subd. (a)). The trial court suspended imposition of sentencing and granted defendant formal probation for a period of 36 months. Among the terms of his probation, defendant was ordered to “obey all laws” and “not to use or possess any controlled substance, including marijuana, unless you [(defendant)] have a licensed prescription for the marijuana that is approved by the…