cannabisnews.com: D.A. Wants Kubby Hit with Felony Convictions D.A. Wants Kubby Hit with Felony Convictions Posted by FoM on June 02, 2001 at 08:47:16 PT By Gus Thomson, Journal Staff Writer Source: Auburn Journal The state Attorney General's Office plans to appeal a Placer County Superior Court judge's decision to reduce medical marijuana advocate Steve Kubby's convictions on magic mushroom and peyote possession charges from felonies to misdemeanors.California Department of Justice information officer Michael Van Winkle said the county District Attorney's Office request for state prosecutors to appeal the decision by Judge John Cosgrove has been approved "on a preliminary basis" with no filing date yet set in appeals court. The next step for the Attorney General's Office is to file a brief, Van Winkle said.Kubby, 54, was sentenced in March to 120 days in jail. He is scheduled to start serving the term July 20. Marijuana-possession-for-sale charges were dismissed after a mistrial was declared and the District Attorney's Office chose not to proceed with a second trial. A former Libertarian Party gubernatorial candidate, Kubby said the 265 pot plants found in his home were for medicinal use under Proposition 215.Kubby's public defender Julie Mumma said she has requested all transcripts of the three-month trial in anticipation of the appeal.An appeal would allow the defense to challenge the legality of the initial search at Kubby's Olympic Valley home, she said."We are prepared to litigate this matter all the way, paid in full by Placer County," Mumma said in a news release from the American Medical Marijuana Association. Mumma couldn't be reached for comment.Kubby said the appeal allows the defense to receive "thousands of dollars of transcripts for free that we would have otherwise had to pay for.""We are anxious to post the entire trial transcript to the Net, so other patients can use our tactics and motions," he said. Note: State Attorney General to appeal court decision.Source: Auburn Journal (CA)Author: Gus Thomson, Journal Staff WriterPublished: June 2, 2001Copyright: 2001 Auburn JournalContact: ajournal foothill.netWebsite: http://www.auburnjournal.com/Related Articles & Web Sites:The Kubby Fileshttp://www.kubby.org/American Medical Marijuana Association http://americanmarijuana.org/Medicinal Cannabis Web Siteshttp://freedomtoexhale.com/research.htm Placer Jail Won't Allow Kubby Pot http://cannabisnews.com/news/thread9539.shtmlKubby Denied Change in Bail, Jail Conditions http://cannabisnews.com/news/thread9308.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by jAHn on June 03, 2001 at 13:45:06 PT I say, " Kubby should be protected before Robert Downey Jr., or say, Justice(joke)Asscroft's Nephews ((growers of 60+ Cannabis Plants= NO SENTENCE, PROBATION, FINE, or MARK ON A PUBLIC RECORD)) Anyday! [ Post Comment ] Comment #2 posted by fivepounder on June 02, 2001 at 11:04:41 PT Hasn't he been through enough? Lockear shows his true colors. Is this so Steve Kubby cannot run against Davis for governor? [ Post Comment ] Comment #1 posted by R.earing on June 02, 2001 at 10:54:21 PT: Still? AS If the Kubbys haven't been tortured enough by the system!Lemme quote W. on his daughters alcohol bust "..It's a family matter,it's personal." let's apply that to the kubbys pot use huh? [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: