1  JOHN E. Roth
   Law Offices of the Public Defender
2  By: William B. Sasnett, Jr.
   Deputy Public Defender
3  State Bar No. 62633
   6527 White Feather Road
4  Joshua Tree, California 92252
   Telephone:  (760) 366-5789
5
   Attorney for Defendant
6  Jeffrey Craig Canada

7

8           IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

9               IN AND FOR THE COUNTY OF SAN BERNARDINO

10                      JOSHUA TREE DISTRICT

11

12  People of the State of California, )     CASE No. FMB-006414
                                       )
13                      Plaintiff,     )     MEMORANDUM OF POINTS AND
                                       )     AUTHORITIES IN SUPPORT
14  vs.                                )     OF MOTION FOR RETURN OF
                                       )     PROPERTY
15  Jeffrey Craig Canada,              )
                                       )
16                      Defendant,     )     Date: May 26, 2004
                                       )     Time:  8:30 a.m.
17                                     )     Place:  Department M-2
                                       )     Estimate:  15 minutes
18_____________________________________)

19                              I.

20                      STATEMENT OF FACTS

21      The defendant was charged with cultivation of marijuana in

22 violation of Health and Safety Code section 11378.

23      Law enforcement officers recovered 12 marijuana plants from

24 defendant's closet and 8-10 marijuana plants from his bedroom.

25      Also seized from the closet and the bedroom were statements

26 of medical marijuana usage which defendant indentified as his

27 recommendation from Dr. Sterner for medical marijuana.

28

Page 4 of 7
Defendant's Motion for Return of Property

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