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PEOPLE v. JONES

No. C041404.

4 Cal.Rptr.3d 916 (2003)

112 Cal.App.4th 341

The PEOPLE, Plaintiff and Respondent, v. William Ira JONES, Defendant and Appellant.

Court of Appeals of California, Third District.

September 30, 2003.

Attorney(s) appearing for the Case

Victor S. Haltom, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, Jesse Witt, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

Charged with cultivating marijuana (Health & Saf.Code, § 11358), defendant William Ira Jones testified at a pretrial hearing under Evidence Code section 402 (hereafter section 402) that when he asked his physician whether he should try marijuana for his migraine headaches, his physician said, "It might help, go ahead." Despite this testimony, the trial court precluded defendant from presenting a defense...

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