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.

Armbrust said he subpoenaed the medical records of co-op members to
determine if they really have doctors' prescriptions for the drug. 'I don't
think (Chavez) determines if there is any slip from the doctor,' Armbrust
said. Chavez's attorney, Robert Kennedy, said he will argue to quash the
subpoenas for the medical records.

Checked-by: (Joel W. Johnson)