P. v. Landers CA1/4
After an altercation in which his co-defendant Dylan Lamalie (Lamalie) shot Jesus Solis with a shotgun, appellant Adrian Landers (Landers) took the gun and hid it under a parked car and later in a nearby garbage room. Lamalie and Landers were charged with murder (Pen. Code, § 187, subd. (a)) and Landers was charged with being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The trial court instructed the jury on the defense of momentary possession to the felon in possession charge, but did not give an instruction requested by Landers on the defense of legal necessity. The jury deadlocked on the murder charge, but found Landers guilty of the felon in possession charge. On appeal, Landers argues that the trial court erred in failing to give his requested instruction on the defense of legal necessity. We affirm.
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