P. v. Stead
Defendant was charged with unlawfully driving a vehicle and receiving a stolen vehicle after he was found driving a stolen car, from which the ignition switch had been removed, requiring the use of pliers to turn the car on and off. Notwithstanding defendant’s argument that he did not know the car was stolen, the jury found him guilty of both offenses.
On appeal, defendant contends the trial court erred in failing to give the jury a mistake of fact instruction (CALJIC No. 4.35) sua sponte.[1] In the alternative, he contends his trial counsel was ineffective in failing to request a mistake of fact instruction. The judgment is affirmed.
Comments on P. v. Stead