P. v. Stine
Thomas Marshon Stine was tried by jury before the Honorable Barbara J. Mallach on a felony count of possessing marijuana for sale (Health & Saf. Code, § 11359).[1] The jury found Stine guilty, apparently rejecting his medical marijuana defense offered under the Compassionate Use Act of 1996 (CUA) (§ 11362.5). At sentencing, Judge Mallach suspended imposition of sentence and admitted him to three years probation with a six-month jail term condition and, over defense objection, a condition that he abstain from use and possession of controlled substances, including marijuana.
Stine did not appeal that judgment of August 23, 2011, but later requested modification to allow his medical use of marijuana. Judge Mallach heard the matter on October 28, 2011, and denied the request. Stine filed a notice of appeal on November 14, incorrectly indicating that he challenged a plea-based judgment, but clearly and timely identifying the modification denial of October 28 as the challenged order.
Stine’s appellate counsel filed a Wende brief raising no issues and seeking our independent review (People v. Wende (1979) 25 Cal.3d 436), and this court, after a preliminary review, ordered the parties to brief whether denial of the modification request was an abuse of discretion. Having now considered that briefing, plus supplemental briefing on the effect of our intervening decision in People v. Leal (2012) 210 Cal.App.4th 829 (Leal), we find no abuse of discretion and affirm the denial.
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