Does a defendant have a right to an alibi defense when he is accused of committing a burglary?

California, United States of America


The following excerpt is from People v. Jones, 270 Cal.Rptr. 611, 51 Cal.3d 294, 792 P.2d 643 (Cal. 1990):

It is true there is no right to an alibi defense per se: a burglary can be prosecuted although the precise date of its commission is unknown. (See, e.g., People v. Avina (1989) 211 Cal.App.3d 48, 56, 259 Cal.Rptr. 178.) But in the case of a burglary there is likely to be tangible physical evidence--e.g., the stolen goods--that gives a defendant the opportunity to mount a viable defense. He may present, for example, an alternative explanation for his possession of the stolen goods.

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