People v. Descano
Annotate this CaseIn 2013, defendant cultivated marijuana in a state park in Sonoma County, diverting water for 40-50 marijuana seedlings. Defendant’s Proposition 215 card to use medical marijuana had expired. Officers seized a bin containing 30 pounds of marijuana. Defendant was charged with cultivating marijuana, carrying a concealed weapon, possessing methamphetamine, possessing a firearm inside a state park, polluting public water, and entering onto land for the purpose of injuring property. He pled no contest to cultivating marijuana and diverting a water stream. The remaining counts were dismissed; he was placed on three years' probation. In a motion for return of seized property, defendant stated that he is a medical marijuana patient. The court ordered the return of defendant’s cell phone, computer, and other personal items, but declined to return the marijuana, pipes, and the digital scale. The court ordered that $1404 in seized cash be used toward payment of $3,788 restitution owed for restoration of the park. In 2014 defendant filed a petition under Penal Code 1170.18, to reduce his felony conviction to a misdemeanor under Proposition 47. The court denied the petition on the grounds that defendant’s cultivation conviction (Pen. Code, 11358) was not an enumerated offense eligible for resentencing under Proposition 47. The court of appeal affirmed.
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