PEOPLE v. RUBIN

No. B201672.

168 Cal.App.4th 1144 (2008)

THE PEOPLE, Plaintiff and Respondent, v. CRAIG X. RUBIN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

December 1, 2008.


Attorney(s) appearing for the Case

Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

YEGAN, Acting P. J.

Craig X. Rubin asks us to hold that he may lawfully sell marijuana on a constitutional religious freedom theory. The answer is, no. Rubin was convicted by jury of selling marijuana (Health & Saf. Code, § 11360, subd. (a)) and possessing marijuana for sale (Health & Saf. Code, § 11359). The trial court granted probation on condition that he serve 90 days in the county jail. Appellant contends that...

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