P. v. Gochez
After a jury trial, appellant was convicted of one of two counts in the charging information, namely, being a felon in possession of a firearm. (Pen. Code, 12021, subd. (a)(1).) On appeal he contends that the trial court erred in refusing to instruct the jury with CALCRIM No. 3406 regarding mistake of factin this case regarding whether appellant, at the time he possessed the firearm, was under the mistaken belief that it was inoperable. Court agree with the trial court that this instruction was not required and hence affirm.
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