People v. Spurlock

Opinion

PARAS, J.

Defendant was convicted by a jury of three counts of selling marijuana (Health & Saf. Code, § 11360, subd. (a)), one count of offering to sell a controlled substance (Health & Saf. Code, § 11382), one count of cultivation of marijuana (Health & Saf. Code, § 11358), and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). Challenging the court’s definition of marijuana and its post-trial orders, defendant appeals.

This case is in part controlled by

People

v.

Van Alstyne

(1975) 46 Cal.App.3d 900 [121 Cal.Rptr. 363], which dealt with the question of the definition of “Cannabis sativa L.” as used in Health and Safety Code section 11018. We decline the invitation of defendant to reconsider that decision and reject it. Nor are we inclined to limit its holding to marijuana containing tetrahydrocannabinol only; a careful reading of the court’s analysis (at pp. 910-917), convinces us that such limitation was not intended. (See also

People

v.

Hamilton

(1980) 105 Cal.App.3d 113 [146 Cal.Rptr. 153].)

Defendant’s 4-year sentence to state prison was stayed on March 2, 1979; he was placed on probation, the terms of which included 15 months in county jail with credit for 38 days previously served. The court also found defendant “not ineligible” for placement on a county work furlough program during confinement, at the option of the county probation officer. The court then informed defendant: “In the event that you are allowed to participate in a work furlough program, I will require that the Probation Officer consult with you upon a schedule to repay the County for the sums paid for court-appointed counsel. In the

[327]

event that you cannot agree, I will reserve jurisdiction to determine the matter within sixty days after your release from actual custody. In the event you are not included with any work furlough program, I will reserve jurisdiction to determine the matter within sixty days after your release from actual custody. In the event you are not included with any work furlough program, I will provide the Probation Office to notify the Clerk and the matter will thereupon go on calendar as a hearing to financial responsibility on the nearest court day sixty days after release from custody.”