Mistake of fact can negate an element of a crime
People v. Speck (Cal. Ct. App., Feb. 2, 2022, No. C093273) 2022 WL 304910
Summary: A jury found Speck guilty of felony vehicle theft (Veh. Code, § 10851, subd. (a)) and receiving stolen property (Pen. Code, § 496d) with special allegations that the Honda was valued at over $950. The jury found defendant guilty as charged of both counts and the value allegations. The trial court sentenced him to the upper terms of three years in “county prison” for unlawfully driving a vehicle and three years for receiving stolen property, with sentence on the latter count stayed pursuant to section 654. Speck appealed claiming that the trial court prejudicially erred in failing to instruct the jury on mistake of fact. (CALCRIM No. 3406.)
The Court of appeal agreed and reversed the judgment.