CSC to Consider What Standard of Prejudice Applies to Instructional Error on Defense Theory
July 26th, 2021
In People v. Hendrix REV. GTD. 1/20/21 S265668 (B298952; 55 Cal.App.5th 1092) the defendant told police that he entered the victim’s backyard and tried to force entries believing this to be his cousin Trevor’s house. The reviewing court acknowledged that appellant if subjectively believed that he was at Trevor’s house, the jury could, in theory, […]
Tags: Appeal, Apprendi, CC 1600, CC 1800, CC 1863, CC 3406, Defense Theory Instructions, Mistake Of Fact, Standard of Prejudice
When is a Mistake of Fact as to Victim’s Age a Defense?
July 15th, 2021
PC 261; PC 261.5(a) & (b); 289(h)&(i) In People v. Hernandez (1964) 61 Cal.2d 529, 529-530 the CSC analyzed the legislative intent behind PC 261, which defined sex with a female under the age of 18 years as rape (commonly known as statutory rape). The issue in the case was whether “the trial court erred […]
Tags: CC 1070, CC 1071, CC 1072, CC 1082, CC 1101, CC 1102, CC 1243, CC 3406, CC 3414, Mistake Of Fact, Statutory Rape
Mistake of Fact – Role of Reasonableness
March 13th, 2015
Mistake of Fact – Jury May Consider Reasonableness of Belief on the Issue of Good Faith It is well established that a good faith mistake of fact can negate specific mental state elements of a charge such as knowledge. (See People v. Watt (2014) 229 Cal. App. 4th 1215, 1217-1220; People v. Lawson […]
Tags: CC 3406, Defense Theory Instructions, Mistake Of Fact
Grossly Negligent Shooting Of Firearm: Defense Theory Of Belief That Gun Was Unloaded
March 30th, 2014
If the defendant actually believed that the firearm he or she discharged was unloaded, the defendant has not violated this statute. (People v. Robertson (2004) 34 Cal. 4th 156.) However, Robertson was overruled in People v. Chun (2009) 45 Cal. 4th 1172, as follows: To avoid the anomaly of putting a person […]
Tags: CC 970, Defense Theory Instructions, Felony Murder, Merger, Mistake Of Fact
CC 3406 Mistake Of Fact As Defense Theory: Not Required Sua Sponte
January 10th, 2014
The trial judge does not have a sua sponte duty to instruct on mistake of fact. (People v. Lawson (2013) 215 Cal. App. 4th 108.)
Tags: CC 3406, Defense Theory Instructions, Judge Duty to Instruct, Mistake Of Fact, Sua Sponte
