Patton v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Taijuan Patton appeals his conviction for carrying a handgun without a license. We reverse and remand.

ISSUE

Whether the trial court erred by refusing Patton's tendered instruction on the defense of necessity.

FACTS

Taijuan Patton and his brother, Juan Patton, met a street vendor near their home and an altercation ensued, during which the vendor was shot in his legs. The vendor sold clothing from his van. The vendor claimed that the Pattons lured him to the location in order to rob him. The Pattons claimed that they each purchased $150 sweaters from the…