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People v. O'Hearn1/31/1983
not remotely likely that the preservation of 5 samples and 10 pounds (not required in the case of harvested plants) would have achieved impeachment of the officer's testimony any more than preservation of all 85 plants. Defendants had a representative sample available to analyze for quality and to equate for quantity in light of the testimony establishing the weight and number (85) of the confiscated harvested marijuana
plants from the defendants' possession. I would conclude a contrary result was not remotely possible if all plants had been preserved and the provisions of 11479 not invoked. I would further conclude on the record presented, as did the trial court, that the destruction was accomplished in good faith; as a consequence, substantial compliance with section 11479 in this factual context was sufficient.
I would affirm the judgment.
Judges Footnotes
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