filed a concurring opinion in which KELLER, J., joined.
Although I join the Court’s opinion, I want to emphasize that the result of this appeal would not necessarily have been different if the evidence had raised the defense of necessity. The appellant still would have been two steps away from a reversal, since he would have had to show that counsel’s decision not to request such a charge was deficient, and that the deficient performance made the verdict unreliable.