A state appeals court has ruled that a convicted auto thief in San Rafael should not have been barred from marijuana use as a condition of his probation.
The vehicle was reported stolen in March 2019. Brayan Alexander Cruz Cruz, 21, was arrested five days later after police found him in the vehicle. Cruz Cruz accepted a guilty plea in less than two weeks.
Before the sentencing, Cruz Cruz told the probation department he used alcohol and marijuana on occasion. He said he had used marijuana on the day of his arrest.
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