Hughes

This is an appeal by Steven Ebbert Hughes, appellant and defendant (defendant), from the judgment entered after a jury found him guilty of cultivating marijuana in violation of Health and Safety Code section 11358 (count 1); possession of marijuana for sale in violation of Health and Safety Code section 11359 (count 2); and transportation of less than 28.5 grams of marijuana in violation of Health and Safety Code section 11360, subdivision (b), a lesser included offense to the charged violation of subdivision (a) of Health and Safety Code section 11360 (count 3). The trial court granted probation to defendant a condition of which prohibited defendant from using medical marijuana.

Defendant raises three claims of error in this appeal, the first two of which involve jury instructions, and the third of which challenges the validity of the probation term prohibiting his use of medical marijuana. We conclude defendant’s claims are meritless and therefore we will affirm.

FACTS

The charges in this case stem from a traffic stop on May 15, 2008, in which Riverside County Sheriff’s Deputy Timothy Mohr stopped defendant because the registration had expired on the truck defendant…