People v. Mower (2001)

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[No. F030690. Fifth Dist. Jan. 3, 2001.]

[Modification fn. * of Opinion (85 Cal. App. 4th 290 ).]

THE PEOPLE, Plaintiff and Respondent, v. MYRON CARLYLE MOWER, Defendant and Appellant.

ARDAIZ, P. J.-

It is ordered that the opinion filed herein on December 6, 2000, be modified as follows:

On page three of the opinion under the FACTS section, add as the second sentence in the paragraph [85 Cal. App. 4th 295 , advance report, last par., line 2] the following sentence:

The prosecution did not dispute that appellant had a legitimate medical condition and a recommendation from his physician to use and grow marijuana for his personal use, but disputed that the amount of marijuana appellant was growing constituted "personal use."

This modification does not effect a change in the judgment.

Dibiaso, J., and Wiseman, J., concurred.

FN *. This modification requires movement of text affecting pages 295-305 of the bound volume report.

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