palmspringsbum - Felony Cultivation Return of Property Motion


 1  JOHN E. Roth
    Law Offices of the Public Defender
 2  By: William B. Sasnett, Jr.
    Deputy Public Defender
 3  State Bar No. 62633
    6527 White Feather Road
 4  Joshua Tree, California 92252
    Telephone:  (760) 366-5789
 5
    Attorney for Defendant
 6  Jeffrey Craig Canada
 
 7
 
 8           IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
 
 9               IN AND FOR THE COUNTY OF SAN BERNARDINO
 
 10                      JOSHUA TREE DISTRICT
 
 11
 
 12  People of the State of California, )     CASE No. FMB-006414
                                        )
 13                      Plaintiff,     )     MEMORANDUM OF POINTS AND
                                        )     AUTHORITIES IN SUPPORT
 14  vs.                                )     OF MOTION FOR RETURN OF
                                        )     PROPERTY
 15  Jeffrey Craig Canada,              )
                                        )
 16                      Defendant,     )     Date: May 26, 2004
                                        )     Time:  8:30 a.m.
 17                                     )     Place:  Department M-2
                                        )     Estimate:  15 minutes
 18_____________________________________)
 
 19                              I.
 
 20                      STATEMENT OF FACTS
 
 21      The defendant was charged with cultivation of marijuana in
 
 22 violation of Health and Safety Code section 11378.
 
 23      Law enforcement officers recovered 12 marijuana plants from
 
 24 defendant's closet and 8-10 marijuana plants from his bedroom.
 
 25      Also seized from the closet and the bedroom were statements
 
 26 of medical marijuana usage which defendant indentified as his
 
 27 recommendation from Dr. Sterner for medical marijuana.
 
 28
 
 Page 4 of 7
 Defendant's Motion for Return of Property