Does the defense of transitory possession in Mijares apply only to momentary or momentary possession of contraband for the purpose of disposal?

California, United States of America


The following excerpt is from People v. Martin, 108 Cal.Rptr.2d 599, 25 Cal.4th 1180, 25 P.3d 1081 (Cal. 2001):

We conclude that the defense of transitory possession devised in Mijares applies only to momentary or transitory possession of contraband for the purpose of disposal, and that the trial court did not err in refusing defendant's requested instruction based on the holding in Cole. To the extent People v. Cole, supra, 202 Cal.App.3d 1439, 249 Cal.Rptr. 601, and People v. Spry, supra, 58 Cal.App.4th 1345, 68 Cal.Rptr.2d 691,10 are inconsistent

[108 Cal.Rptr.2d 609]

with the views expressed herein, they are disapproved.

[108 Cal.Rptr.2d 609]

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