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PEOPLE v. PHOMPHAKDY

No. C056881.

165 Cal.App.4th 857 (2008)

THE PEOPLE, Plaintiff and Respondent, v. CHANH PHOMPHAKDY, Defendant and Appellant.

Court of Appeals of California, Third District.

July 31, 2008.

Attorney(s) appearing for the Case

Joseph Shipp, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Janis Shank McLean and David A. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROBIE, J.

In this case we decide whether the Medical Marijuana Program Act enacted in 2003 (Health & Saf. Code,1 § 11362.7 et seq.) unconstitutionally amends the Compassionate Use Act of 1996 (§ 11362.5). The Compassionate Use Act relieves a defendant of criminal liability for certain marijuana-related offenses if the defendant possesses or cultivates...

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