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PEOPLE v. HOPKINS

No. E045671.

171 Cal.App.4th 305 (2009)

THE PEOPLE, Plaintiff and Respondent, v. ERIC EUGENE HOPKINS, Defendant and Appellant.

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

February 20, 2009.

Attorney(s) appearing for the Case

Patrick J. Hennessey, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, and Donald W. Ostertag, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

RAMIREZ, P. J.—

Defendant Eric Eugene Hopkins appeals from an order denying his motion for return of property following the prosecution's dismissal of marijuana-related charges because the marijuana was legally possessed under the Compassionate Use Act of 1996. (Health & Saf. Code, § 11362.5.)

BACKGROUND

Defendant was charged with transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), and...

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