MARIJUANA SELLER SENTENCED TO JAIL TIME

SANTA ANA, July 17 - The first man prosecuted in Orange County for selling marijuana, despite claims that he provided the drug under a law decriminalizing its medical use, was sentenced Friday to four years in prison.

David Lee Herrick, 48, was convicted of two counts of marijuana sales in May, and acquitted of two other counts.

Superior Court Judge William Froeberg did not allow Herrick to use Proposition 215 as a defense, nor could Deputy Public Defender Sharon Petrosino invoke a "medical necessity" defense, which allows a person to break the law in certain circumstances.

Before jurors convicted Herrick, they sent a note to the judge asking about the "will" of the people in passing Proposition 215, but were told that it offers no protection for marijuana sales.

Herrick, who was a San Bernardino County sheriff’s deputy for a dozen years before an accident in which he was run over by a car – claimed he provided the marijuana to members of the Orange County Cannabis Co-op for donations.

Deputy District Attorney Carl Armbrust said Froeberg indicated during the sentencing hearing that he did not buy Herrick’s claim that he thought his activities were covered under the law.

The judge cited Herrick’s law enforcement background, Armbrust said. Herrick has a prior conviction for selling marijuana that led to his arrest in Orange County, the prosecutor said.

Herrick served 26 days in jail for possessing marijuana for sale and was on probation, but left San Bernardino County without notifying his probation officer.

When his car was spotted at a motel parking lot in Santa Ana, police checked the computer and learned he was wanted for a probation violation, Armbrust said.

When police entered his room, they found the marijuana, although according to police reports, the seven bags were marked "Not for sale. For medical purposes only."

Herrick has been jailed since his May 1997 arrest, so he only has about two more years on the sentence, Armbrust said. But he could face additional time for the probation violation.

Armbrust is gearing up for next Friday’s pretrial hearing involving Marvin Chavez, who founded the co-op and was also arrested for marijuana sales.