What is the test for a claim of right defense?
California, United States of America
The following excerpt is from People v. Hellman, C079838 (Cal. App. 2019):
A satisfactory explanation explains counsel's actions: the law precluded a claim of right defense in this instance. "The claim-of-right defense provides that a defendant's good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for conviction of theft or robbery." (People v. Tufunga (1999) 21 Cal.4th 935, 938.)
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