Mulcrevy

Filed 12/17/14; pub. order 1/15/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

THE PEOPLE, C075885

Plaintiff and Respondent, (Super. Ct. No. P10CRF0460)

v.

SEAN PATRICK MULCREVY,

Defendant and Appellant.

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), 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.

1

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…