P. v. Childers
Defendant appeals his convictions of possessing marijuana for sale (Health & Saf. Code, 11359), cultivating marijuana ( 11358) and possessing more than 28.5 grams of marijuana ( 11357, subd. (c)). The trial court suspended imposition of sentence and granted probation on the felony counts of possessing marijuana for sale and cultivating marijuana. On the misdemeanor count of possessing more than 28.5 grams of marijuana, the court denied probation and imposed a sentence of 49 days, the amount of time Childers had already served. On appeal, Defendant contends there is insufficient evidence to support a finding his cultivation and possession of marijuana exceeded his current medical needs, the prosecutor's theory of conviction was both legally and factually inadequate, the court erred in failing to instruct the jury on principles relating to his defense, and the court erred in imposing rather than staying the term for possessing more than 28.5 grams of marijuana. Court affirm the judgment.
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