People v. Brown

Defendant was found guilty of aggravated fleeing or attempting to elude a police officer and two counts of aggravated assault. Defendant appealed, arguing that the trial court improperly required him to prove his affirmative defense of necessity and that he did not knowingly waive his right to a jury trial on the aggravated assault charges. The appellate court affirmed, concluding that the defendant did not show clear or obvious error regarding the affirmative defense where the record showed no evidence supporting either element of the necessity defense. The appellate court also found no error regarding defendant’s waiver of a jury trial. (HARRIS and STEIGMANN, concurring)