Burney (D) was an ex-convict who had been convicted of rape in Utah. D went fishing with a friend who left a pistol in D's pickup truck. Several weeks later, D won some money from Griffin in a pool game. Griffin then threatened D in the parking lot. D reached into his truck for a tire iron to defend himself and discovered the pistol left by a friend. D aimed the pistol at Griffin who retreated and called the police. D was arrested and charged with being an ex-convict in possession of a firearm. At trial, D used the choice of evils as his defense. The trial court denied this defense. D was found guilty. D appealed.

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