Can a defendant rely on the defense of temporary possession?

California, United States of America


The following excerpt is from People v. Poston, B305105 (Cal. App. 2021):

At the conclusion of defendant's bench trial, her attorney argued defendant should be found not guilty because she established the defense of temporary possession. The prosecution maintained she could not rely on such a defense because, in its view, a Court of Appeal case (People v. Paz (2010) 181 Cal.App.4th 1413 (Paz)) "specifically says that if you're going to get rid of it to get away from the police or for some other limited reasons, that you cannot claim that you had temporary control of the contraband or the firearm."

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