California Court of Appeal

Following a conviction for cultivation of marijuana and lesser included counts of furnishing marijuana, grant of a new trial on the cultivation charge based on instructional error and insufficient evidence is reversed and remanded for sentencing where: 1) the trial court did not have jurisdiction to grant a new trial for instructional error when defendant did not raise the issue in his motion for a new trial; and 2) there was sufficient evidence to support the cultivation conviction.

Appellate Information

• Decided 05/28/2008
• Published 05/28/2008

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, George M. Hendrickson, Deputy Attorney General, for Plaintiff and Appellant.


• For Appellees:
  
• John L. Staley, under appointment by the Court of Appeal, for Defendant and Respondent.