P. v. Masotti
An information accused defendant Richard Masotti of possession of Vicodin without a prescription (Health & Saf. Code, § 11350, subd. (a)),[1] cultivation of marijuana (§ 11358), and two counts of sale of marijuana (§ 11360, subd. (a)). The trial court dismissed the Vicodin count. A jury convicted defendant of cultivation and two counts of the lesser included offense of furnishing marijuana (§ 11360, subd. (b)).
Defendant was sentenced to 120 days of incarceration with credit for five days and fined an aggregate $1,660.[2]
On appeal, defendant contends his cultivation conviction must be reversed because (1) the trial court's instructions, together with the prosecutor's opening and closing summations, materially misled the jury on his Compassionate Use Act (CUA; § 11362.5) defense, (2) he established his CUA defense as a matter of law, (3) the jury was erroneously instructed on the elements of the offense, and (4) the jury was not instructed on the prosecution's burden to prove that he cultivated marijuana for some purpose other than personal medical use. Court shall affirm the judgment.
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