legal news


Register | Forgot Password

P. v. Trujillo CA3
Defendant Patrick Trujillo appeals from his conviction for possessing a controlled substance while in prison. Defendant contends the trial court violated his rights to due process, to present a defense, and to a fair jury trial by not permitting him to present the defense of medical necessity. He further argues the court erred in denying his request for a jury instruction on necessity.
We conclude defendant was not entitled to present a defense of medical necessity because Health and Safety Code section 11362.5 limits the common law medical necessity defense, as it relates to marijuana, to those who have “a physician’s recommendation or approval” for the use of marijuana and defendant had neither. (People v. Galambos (2002) 104 Cal.App.4th 1147, 1160-1161 (Galambos).) Accordingly, defendant also was not entitled to a jury instruction on necessity. We thus find no error and affirm.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale