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PEOPLE v. RIGO

No. A080576.

81 Cal.Rptr.2d 624 (1999)

69 Cal.App.4th 409

The PEOPLE, Plaintiff and Respondent, v. Serge RIGO, Defendant and Appellant.

Court of Appeals of California, First District, Division One.

Review Denied April 21, 1999.

Attorney(s) appearing for the Case

J. David Nick, Law Office of J. David Nick, San Francisco, for Appellant/Defendant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Gregg E. Zywicke, Deputy Attorney General, Office of the Attorney General, San Francisco, for Respondent/Plaintiff.

MARCHIANO, J.

Serge Rigo was arrested for cultivation of marijuana the day before the effective date of the Compassionate Use Act of 1996 Health & Saf.Code, § 11362.5).1 Over three months later, Rigo obtained a doctor's approval on a written prescription form for medical use of marijuana. On stipulated facts, the superior court ruled that approval three months after the arrest did not bring the case within section 11362.5, and...

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