P. v. McCoy CA4/1
A jury found Ellington Llellyn McCoy guilty of unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) (count 1), possessing a stolen vehicle (Pen. Code, § 496d) (count 2), and driving without a license (Veh. Code, § 12500, subd. (a)) (count 3). McCoy subsequently admitted having suffered a prior strike conviction in another case, and the trial court found that he violated his probation in the other case by committing the offenses charged in this case. The trial court sentenced McCoy to six years in prison for the probation violation. In this case, the court imposed a concurrent term of four years on count 1, stayed the execution of sentence on count 2 pursuant to section 654, and imposed a sentence of 180 days with credit for time served on count 3.
On appeal, McCoy claims that the trial court erred in declining McCoy's request to instruct the jury regarding the defense of mistake of fact.
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