Is a defendant entitled to a defense of necessity in his case?
California, United States of America
The following excerpt is from People v. Kelly, B302843 (Cal. App. 2021):
Defendant contends that the court erroneously failed to instruct the jury as to the defense of necessity and that a recent amendment to Penal Code section 1203a, which limits misdemeanor probation to a maximum of one year, should apply retroactively to his case. He also requests that we review the record of an in camera hearing held pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).
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