How have the courts treated the defenses of necessity and momentary possession in a drug case?
California, United States of America
The following excerpt is from The People v. Mitchell, C063352, No. 07F00275 (Cal. App. 2010):
The trier of fact rejected the defenses of necessity and momentary possession as not credible, and found defendant guilty. Finding that defendant had two prior serious felony convictions within the meaning of the three strikes law, the court denied his Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and sentenced him to a term of 25 years to life.
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