People v. Tolhurst

Opinion

EVANS, J.

Defendants Todd and Cheryl Tolhurst appeal from a conviction of possession of marijuana for sale. (Health & Saf. Code, § 11359.) The issues raised on appeal primarily concern the police destruction of marijuana pursuant to Health and Safety Code section 11479. We affirm the judgment.

The case was submitted on the basis of the preliminary hearing transcript. On October 2, 1980, a search warrant was executed on defendants’ property in Nevada County. The warrant was issued based on an affidavit prepared by Nevada County Sheriff’s Investigator Tanner, who had made observations of…