JUDGE SETS MARCH HEARING DATE FOR KUBBY

AUBURN - Steven Wynn Kubby, seeking the right to use marijuana to
fight his adrenal cancer, will return to court March 3 to continue
his legal battle, a Placer County judge decided Friday.

Judge Robert McElhany said Kubby, serving a 120-day sentence for his
2000 conviction for possession of mescaline, must appear in Division 1.

That would put Kubby back before Judge John L. Cosgrove, who
sentenced Kubby in 2001. Kubby later moved to Canada, but was
deported Jan. 26 and returned to California.

E.D. Lerman, an attorney who represented Kubby during the brief
hearing Friday, said she expected a motion to be filed with the court
Wednesday asking for Kubby to be resentenced for a felony, rather
than for a misdemeanor.

She said Kubby's attorney, J. David Nick, is expected to argue in
behalf of the motion at the March 3 hearing.

If such a motion were granted, a judge would be able to make
modifications in Kubby's probation status, Lerman said.