P. v. Olson
Defendant was charged with cultivating marijuana, possessing marijuana for sale, selling marijuana, and resisting arrest. Defendant asserted a medical marijuana defense to the marijuana charges. The jury found her guilty of cultivation, but acquitted her of the remaining offenses. The trial court suspended imposition of sentence and placed her on five years’ probation, on the condition (among others) that she serve 90 days in jail. The jail term was stayed pending appeal.
On appeal from the order granting probation, defendant contends the trial court erred in excluding her medical expert from testifying and in limiting the testimony of her cannabis expert. Defendant also contends the trial court erred in imposing various nonmandatory fines and fees, including appointed counsel fees, because she did not have the ability to pay. Finally, defendant contends the trial court failed to give her three days of custody credit to which she was entitled.
Court concluded that the defendant has shown no error in the trial court’s evidentiary rulings because she failed to make adequate offers of proof of the proposed testimony the trial court excluded. The court further concluded that the trial court did not abuse its discretion in determining defendant had the ability to pay various fees and fines at the rate of $20 per month, but did err in not separately listing, with the statutory basis, all fines, fees, and penalties imposed.
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