P. v. McCovery
Filed 5/10/06 P. v. McCovery CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. KENNETH McCOVERY, Defendant and Appellant. | B182731 (Los Angeles County Super. Ct. No. BA275753) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Charlaine S. Olmedo, Judge. Affirmed.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and Richard S. Moskowitz, Deputy Attorneys General, for Plaintiff and Respondent.
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Kenneth McCovery appeals from the judgment entered following his conviction of grand theft auto. He contends the trial court committed prejudicial error by refusing his request to instruct the jury on the mistake of fact defense. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
McCovery was charged by information with grand theft auto and unlawfully driving or taking a vehicle (Pen. Code, § 487, subd. (d)(1); Veh. Code, § 10851). The information also alleged he had suffered a prior serious or violent felony conviction qualifying him for sentencing under the â€
