2 STATEMENT OF EVIDENCE AT PRELIMINARY HEARING
3 AND STATEMENT OF THE CASE
5 On Wednesday, February 18, 2004, Jeffrey Canada was held to answer for a violation of
6 Health and Safety Code section 11358 (Cultivating Marijuana). The preliminary hearing held in
7 this matter yielded clear evidence that Mr. Canada (hereinafter, "the defendant") cultivated
8 marijuana. Detective Don Dougan testified that he obtained a search warrant for 11307 Hess
9 Boulevard in Morongo and executed that search warrant on November 25, 2003. (PHT 3-4: 25-
10 5). Detective Dougan told the court that he found a number of green leafy plants consistent in
11 appearance with marijuana throughout the house. Specifically, he found 12 plants in a closet
12 and 8 to 10 plants in a bedroom. (PHT 4-5: 10-8). The detective also witnessed paraphernalia
13 consistent with the martijuana being cultivated at the address. (PHT 5: 15-23). The plants and
14 assorted other green leafy substancs found at the address came back from the crime lab as
15 positive for marijuana. (PHT 9:2-28).
16 The defendant later testified on his own behalf and stated that he was in fact cultivating
17 marijuana at the house. (PHT 25: 1-4). He further stated at he had a prescription for the use
18 of marijuana which also allows him to cultivate it. (PHT 16: 16-17).
19 On April 1, 2004, a motion pursuant to Penal Code section 995 was held before the
20 Honorable Judge Swift. Judge Swift granted the motion; the case was then dismissed.
21 Judge Swift granted the motion because the People failed to provide evidence of sales of
22 marijuana or that the marijuana seized was for more than personal use by the defendant.
23 On May 7, 2004, the defendant filed for a return of the property seized pursuant to the
24 search warrant. The People, through this motion, object to the return of that property which
25 relates to the cultivation of marijuana. A number of items listed on the evidence sheet will be
26 returned without objection.
People v. Canada, FMB006414; People's Opposition to Return of Property Motion.