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CHAVEZ v. SUPERIOR COURT

No. G033378.

20 Cal.Rptr.3d 21 (2004)

123 Cal.App.4th 104

Marvin CHAVEZ, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; The People of the State of California, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

Review Denied December 22, 2004.

Attorney(s) appearing for the Case

Stephen Gilbert for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney for Real Party in Interest.

OPINION

O'LEARY, Acting P.J.

Marvin Chavez was arrested for cultivation and possession of marijuana for sale. After his case was dismissed, he filed a motion seeking the return of "a reasonable amount" of marijuana for medicinal purposes. Chavez contends it was an abuse of discretion for the trial court to deny the motion because he is entitled to possess, use, and cultivate marijuana pursuant to Health and Safety Code section 11362.5—

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