Leal
People v. Leal
Opinion
Lead Opinion
Kline, J.
*833 Opinion
This probation case presents recurring issues arising when a trial court considers imposing, consistent with the Lent test (People v. Lent (1975) 15 Cal.3d 481, 486 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ]), a condition of probation restricting medical use of marijuana under the Compassionate Use Act of 1996 (CUA) (Health & Saf. Code, § 11362.5) and the Medical Marijuana Program (MMP) (Health & Saf. Code, § 11362.7 et seq.). 1 Daniel Lee Leal challenges such a condition imposed on him. Finding that imposition of the condition was not an abuse of discretion, we shall affirm the judgment.
Background
A jury found that Leal possessed marijuana for sale (§ 11359) while armed (Pen. Code, § 12022, subd. (a)(1)), plus three firearm offenses (Pen. Code, former §§ 12031, subd. (a)(1), 12021, subd. (c)(1), 12025, subd. (a)(2), (b)(6)), and resisting a peace officer (Pen. Code, § 148, subd. (a)(1)); the court granted him three years’ formal probation, prohibiting him from all marijuana use, including medical use. Sentencing also disposed of a case arising while Leal was out on bail in the first case. The charge was also possessing marijuana for sale (§ 11359), this time with an…