Skip to content
Name: People v. Wright
Case #: G031061
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/31/2004
Subsequent History: Rev. gr. 12/1/04 (S128442)

Reversal was compelled where the trial court excluded a compassionate use (CU) defense. Appellant was charged with transporting marijuana and possessing it for sale. He pleaded guilty after the trial judge ruled that because of the quantity of marijuana involved and the facts, he believed the defense did not apply. However, the evidence was susceptible to different interpretations, and the law does not bar defenses on the basis they are unlikely to succeed. Appellant should have been permitted to rely on the CU Act as a defense. The lack of full and proper instructions denied appellant a viable defense.