How has the court treated the doctrine of transitory possession in the context of Mijares?

(People v. Martin, supra, 25 Cal.4th at p. 1182, italics added.) Elsewhere in the opinion, the court refers to transitory possession as a "defense" or more explicitly as an "affirmative defense." (People v. Martin, supra, at pp. 1185 fn. 4, 1186, 1190-1193, 1192 fn. 10.) Justice Kennard took exception to these references, stating that in Mijares "this court did not there create or recognize any affirmative defense to such a charge. Rather, this court in Mijares simply noted the issue of momentary handling 'goes to the very essence of the offense.'

[Citation.] Thus, unlike the majority, I would reaffirm Mijares without modification." (People v. Martin, supra, at p. 1193, cone opn. of Kennard, J.)

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