People v. Lewis CA4/1

I.

INTRODUCTION

Defendant Brian Deverick Lewis appeals from his conviction on one count of

possessing a controlled substance while in prison. Lewis contends that the trial court

erred and violated his right to due process in not permitting him to present the defense of

necessity. Lewis, who was found guilty of possessing marijuana, argues that he was

entitled to present a necessity defense, since he proffered evidence that "his nearly two-

year effort to obtain adequate pain medication from the prison had proven futile, leaving

him no reasonable alternative to possessing unauthorized medication."

We conclude that Lewis's proffer regarding the defense of necessity was

insufficient to demonstrate that he was entitled to present such a defense. We therefore

conclude that the trial court did not violate Lewis's right to due process in not permitting

Lewis to present a necessity defense, and we affirm the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On October 22, 2012, Lewis, an inmate at Richard J. Donovan Correctional

Facility, was found smoking marijuana in his cell. The correctional officer who smelled

marijuana approached Lewis's cell, saw him…