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In a prosecution for possession of a concealed firearm, trial court's imposition of several conditions on defendant's probation, specifically a condition requiring non-use of marijuana and the surrender of his medical marijuana card, is affirmed where: 1) the combination of provisions of Health and Safety Code section 11357 and 11362.795 and cited authorities make it clear that there was nothing in the slightest unlawful or unconstitutional about the probation conditions imposed on, and explicitly agreed to, by defendant; 2) court did not abuse its discretion when it gave the defendant the choice to accept among several conditions, including drug testing and jail time; and 3) there were no improper or unlawful choice being forced on defendant.
Filed December 28, 2009
Opinion by Judge Haerle
For Appellant: Robert L.S. Angres
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, S. Kaye, Supervising Deputy Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General