Pepper

Defendant Wayne E. Pepper was found guilty of being a convicted felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)) and being under the influence of a controlled substance (Health & Saf. Code, § 11550). The jury acquitted him of child endangerment (Pen. Code, § 273a; further section references are to the Penal Code unless otherwise specified). Sentenced to a term in state prison, he appeals.

In the published portion of this opinion, we reject defendant’s contentions that the trial court erred in failing to instruct sua sponte on the defenses of necessity and transitory possession of the firearm; he received ineffective assistance of counsel due to his trial attorney’s failure to request such instructions; and the evidence is insufficient to support his conviction for violating section 12021 because the evidence establishes his possession of the firearm resulted from necessity and was only transitory.

As we shall explain, section 12021 prohibits convicted felons from possessing firearms even momentarily except in self-defense, in defense of others, or as a result of legal necessity. Because defendant’s explanation for possessing the firearm, if believed…