Filed 1/3/01

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

MYRON CARLYLE MOWER,

Defendant and Appellant.

 

F030690

(Super. Ct. No. CR1995)

 

ORDER MODIFYING OPINION WITHOUT A CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on December 6, 2000, be modified as follows:

On page three of the opinion under the FACTS section, add as the second sentence in the paragraph the following sentence:

The prosecution did not dispute that appellant had a legitimate medical condition and a recommendation from his physician to use and grow marijuana for his personal use, but disputed that the amount of marijuana appellant was growing constituted "personal use."

This modification does not effect a change in the judgment.

_________________________

Ardaiz, P. J.

WE CONCUR:

_________________________________

Dibiaso, J.

_________________________________

Wiseman, J.