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PEOPLE v. SHARP

No. C039242.

5 Cal.Rptr.3d 771 (2003)

112 Cal.App.4th 1336

The PEOPLE, Plaintiff and Respondent, v. Kenny SHARP, Defendant and Appellant.

Court of Appeals of California, Third District.

October 29, 2003.

Attorney(s) appearing for the Case

Michael B. DeWeese, Sacramento, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, and Maureen A. Daly, Deputy Attorney General, for Plaintiff and Respondent.

MORRISON, J.

At issue in this case is whether a defendant convicted of cultivating marijuana (Health & Saf.Code, § 11358) is eligible for drug treatment rather than incarceration under Proposition 36 (Pen.Code, § 1210 et seq.) if the cultivation was for personal use. We agree with the trial court that cultivation of marijuana does not meet the statutory definition of a "nonviolent drug possession offense" because it is not "possession, use, or transportation...

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