P. v. Bergdoll
Appellant, Shawn Charles Bergdoll, was charged in the first amended information with possession of marijuana for sale (Health & Saf. Code, 11359, count one), cultivation of marijuana (Health & Saf. Code, 11358, count two), and possession of methamphetamine for sale (Health & Saf. Code, 11378, count three). The information further alleged an enhancement that appellant possessed a firearm (Pen. Code, 12022, subd. (a)).[1] After a jury trial, appellant was acquitted of counts one and three but found guilty of count two. The jury found the enhancement true. The trial court found this case was not appropriate for treatment pursuant to Proposition 36. The court suspended imposition of sentence and placed appellant on probation for three years upon various terms and conditions, including that he serve 180 days in jail. On appeal, appellant contends his cultivation was a nonviolent drug possession offense that qualified him for probation without incarceration under Proposition 36. Court disagree and affirm the judgment.
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