P. v. Tracy CA5
Appellant Lisa Ellen Tracy stands convicted of violating Health and Safety Code section 11358, cultivation of marijuana; and section 11364.1, subdivision (a), possession of a smoking device. Tracy appeals contending CALCRIM No. 3412, which instructs on compassionate use, erred in stating the law because it limited the quantity of marijuana she could possess to a reasonable amount. She also contends that fines and fees set forth in the abstract of judgment must be stricken because they were not part of the oral pronouncement. As to the claim of prejudicial instructional error, we disagree. We will, however, remand the matter for the trial court to impose any mandatory fines and fees.
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